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CONSOLIDATION Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules [Repealed, SI/2017-76, s. 36] Current to June 20, 2022 Last amended on December 13, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation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. The last amendments came into force on December 13, 2017. 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 Last amended on December 13, 2017 TABLE OF PROVISIONS Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules Current to June 20, 2022 Last amended on December 13, 2017 ii

CONSOLIDATION Comprehensive Study List Regulations SOR/94-638 Current to June 20, 2022 Last amended on December 31, 2014 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. The last amendments came into force on December 31, 2014. 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 Last amended on December 31, 2014 TABLE OF PROVISIONS Regulations Prescribing Those Projects and Classes of Projects for Which a Comprehensive Study is Required 1 Short Title Interpretation General SCHEDULE Comprehensive Study List Current to June 20, 2022 Last amended on December 31, 2014 ii Registration SOR/94-638 October 7, 1994 CANADIAN ENVIRONMENTAL ASSESSMENT ACT Comprehensive Study List Regulations P.C. 1994-1687 October 7, 1994 Whereas the Governor in Council is satisfied that certain projects and classes of projects are likely to have significant adverse environmental effects; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(d) of the Canadian Environmental Assessment Act*, is pleased hereby to make the annexed Regulations prescribing those projects and classes of projects for which a comprehensive study is required, effective on the day on which section 59 of the Canadian Environmental Assessment Actcomes into force. * S.C. 1992, c. 37 Current to June 20, 2022 Last amended on December 31, 2014 Regulations Prescribing Those Projects and Classes of Projects for Which a Comprehensive Study is Required Short Title 1 These Regulations may be cited as the Comprehensive Study List Regulations. Interpretation 2 In these Regulations, abandonment does not include the temporary cessation of the operation of a physical work; (fermeture) aerodrome means aerodrome as defined in subsection 3(1) of the Aeronautics Act; (aérodrome) airport means airport as defined in subsection 3(1) of the Aeronautics Act; (aéroport) Class IA nuclear facility has the meaning assigned in section 1 of the Class I Nuclear Facilities Regulations; (installation nucléaire de catégorie IA) Class IB nuclear facility has the meaning assigned in section 1 of the Class I Nuclear Facilities Regulations; (installation nucléaire de catégorie IB) decommissioning does not include the cessation of the operation of a physical work; (désaffectation) exploratory drilling [Repealed, SOR/2005-335, s. 1] hazardous waste has the meaning assigned in subsection 2(1) of the Export and Import of Hazardous Wastes Regulations but does not include nuclear substances; (déchets dangereux) historic canal means a historic canal set out in column I of an item of Schedule I to the Historic Canals Regulations; (canal historique) long-range development plan means a plan for the development and operation of a commercial ski area prepared for the approval of the Minister responsible for the Parks Canada Agency; (plan d’aménagement à long terme) Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations Interpretation Section 2 management plan means a management plan in respect of a national park, national park reserve, national historic site or historic canal that has been laid before each House of Parliament; (plan de gestion) marine terminal means (a) an area normally used for berthing ships and includes wharves, bulkheads, quays, piers, docks, submerged lands, and areas, structures and equipment that are (i) connected with the movement of goods between ships and shore and their associated storage areas, including areas, structures and equipment used for the receiving, handling, holding, consolidating, loading or delivery of waterborne shipments, or (ii) used for the receiving, holding, regrouping, embarcation or landing of waterborne passengers; and (b) any area adjacent to the areas, structures and equipment referred to in paragraph (a) that is used for their maintenance. It does not include (c) production, processing or manufacturing areas that include docking facilities used exclusively in respect of those areas; or (d) the storage facilities related to the areas referred to in paragraph (c); (terminal maritime) migratory bird sanctuary means an area set out in the schedule to the Migratory Bird Sanctuary Regulations; (refuge d’oiseaux migrateurs) national historic site means a place that is commemorated under section 3 of the Historic Sites and Monuments Act and is under the administration of the Parks Canada Agency; (lieu historique national) national park means (a) a park described in Schedule 1 to the Canada National Parks Act, and (b) a park established pursuant to a federal-provincial agreement that is under the responsibility of the Parks Canada Agency and is not described in Schedule 1 to the Canada National Parks Act; (parc national) national park reserve means Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations Interpretation Section 2 (a) a national park reserve of Canada named and described in Schedule 2 to the Canada National Parks Act, and (b) a national park reserve that is under the responsibility of the Parks Canada Agency and that is not described in Schedule 2 to the Canada National Parks Act; (réserve à vocation de parc national) new right of way means land that is subject to a right of way that is proposed to be developed for an electrical transmission line, an oil and gas pipeline, a railway line, or an all-season public highway and that is not alongside and contiguous to an existing right of way; (nouvelle emprise) nuclear facility has the meaning assigned in section 2 of the Nuclear Safety and Control Act; (installation nucléaire) nuclear substance has the meaning assigned in section 2 of the Nuclear Safety and Control Act; (substance nucléaire) offshore means located in (a) in a submarine area described in paragraph 3(b) of the Canada Oil and Gas Operations Act in respect of which an authorization under that Act is required for the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas, or (b) an area in respect of which an authorization under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is required for the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas; (au large des côtes) oil and gas pipeline means a pipeline that is used, or is to be used, for the transmission of hydrocarbons alone or with any other commodity; (pipeline d’hydrocarbures) paper product includes paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugating medium, tissue, moulded cellulose product and any other product directly derived from pulp, but does not include viscose, rayon, cellophane or any other cellulose derivative; (produit de papier) pulp means processed cellulose fibres that are derived from wood, other plant material or recycled paper products; (pâte) Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations Interpretation Section 2 pulp and paper mill means a mill that produces pulp and paper products, but does not include a mill that produces paper products only; (fabrique de pâtes et papiers) right of way means land that is subject to a right of way and that is developed for an electrical transmission line, an oil and gas pipeline, a railway or an all-season public highway; (emprise) uranium mill means a mill as defined in section 1 of the Uranium Mines and Mills Regulations; (usine de concentration d’uranium) uranium mine means a mine, as defined in section 1 of the Uranium Mines and Mills Regulations; (mine d’uranium) waste management system has the meaning assigned in section 1 of the Uranium Mines and Mills Regulations; (système de gestion des déchets) water body means any water body, including a canal, reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or a mine tailings pond; (plan d’eau) wetland means a swamp, marsh, bog, fen or other land that is covered by water during at least three consecutive months of the year; (terres humides) wildlife area means wildlife area as defined in section 2 of the Wildlife Area Regulations. (réserve d’espèces sauvages) SOR/99-439, s. 1; SOR/2003-282, s. 1; SOR/2003-352, s. 1; SOR/2005-335, s. 1; SOR/ 2006-175, ss. 1, 4(F); 2014, c. 13, s. 117. Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations General Section 3 General 3 The projects and classes of projects that are set out in the schedule are prescribed projects and classes of projects for which a comprehensive study is required. Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List SCHEDULE (Section 3) Comprehensive Study List PART I National Parks and Protected Areas 1 The proposed construction, decommissioning or abandonment in relation to a physical work in or on a national park, national park reserve, national historic site or historic canal that is contrary to its management plan. 2 The proposed construction, decommissioning or abandonment, in a wildlife area or migratory bird sanctuary, of (a) an electrical generating station or transmission line; (b) a dam, dyke, reservoir or other structure for the diversion of water; (c) an oil or gas facility or oil and gas pipeline; (d) a mine or mill; (e) a nuclear facility; (f) an industrial facility; (g) a canal or lock; (h) a marine terminal; (i) a railway line or public highway; (j) an aerodrome or runway; or (k) a waste management facility. 3 The proposed increase in the size of an area that is used for golfing in a national park or national park reserve, or the proposed increase in the number of holes that are used for golfing within such an area. 3.1 The proposed development of a commercial ski area in a national park or national park reserve: (a) as set out in a long-range development plan that is to be submitted to the Minister responsible for the Parks Canada Agency for approval; (b) that is not consistent with a long-range development plan approved by the Minister responsible for the Parks Canada Agency; or Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List (c) that is consistent with a long-range development plan approved before 1999 but that involves development of currently undeveloped, unskied or unserviced terrain. PART II Electrical Generating Stations and Transmission Lines 4 The proposed construction, decommissioning or abandonment of (a) a fossil fuel-fired electrical generating station with a production capacity of 200 MW or more; or (b) a hydroelectric generating station with a production capacity of 200 MW or more. 5 The proposed expansion of (a) a fossil fuel-fired electrical generating station that would result in an increase in production capacity of 50 per cent or more and 200 MW or more; or (b) a hydroelectric generating station that would result in an increase in production capacity of 50 per cent or more and 200 MW or more. 6 The proposed construction, decommissioning or abandonment of a tidal power electrical generating station with a production capacity of 5 MW or more, or an expansion of such a station that would result in an increase in production capacity of more than 35 per cent. 7 The proposed construction of an electrical transmission line with a voltage of 345 kV or more that is 75 km or more in length on a new right of way. PART III Water Projects 8 The proposed construction, decommissioning or abandonment of a dam or dyke that would result in the creation of a reservoir with a surface area that would exceed the annual mean surface area of a natural water body by 1500 hectares or more, or an expansion of a dam or dyke that would result in an increase in the surface area of a reservoir of more than 35 per cent. 9 The proposed construction, decommissioning or abandonment of a structure for the diversion of 10 000 000 m3/a or more of water from a natural water body into another natural water body or an expansion of such a structure that would result in an increase in diversion capacity of more than 35 per cent. 10 The proposed construction, decommissioning or abandonment of a facility for the extraction of 200 000 m3/a or more of ground water or an expansion of such a facility that would result in an increase in production capacity of more than 35 per cent. Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List PART IV Oil and Gas Projects 11 The proposed construction, decommissioning or abandonment of (a) [Repealed, SOR/2003-282, s. 2] (b) a heavy oil or oil sands processing facility with an oil production capacity of more than 10 000 m3/d; or (c) an oil sands mine with a bitumen production capacity of more than 10 000 m3/d. 11.1 The proposed construction or installation of a facility for the production of oil or gas, if the facility is located offshore and (a) is outside the limits of a study area delineated in (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order; or (b) is inside the limits of a study area delineated in an environmental assessment described in subparagraphs (a)(i) or (ii) and is not connected by an offshore oil and gas pipeline to a previously assessed facility in the study area. 11.2 The proposed decommissioning or abandonment of a facility for the production of oil or gas if the facility is located offshore and it is proposed that the facility be disposed of or abandoned offshore or converted on site to another role. 12 The proposed expansion of a heavy oil or oil sands processing facility that would result in an increase in oil production capacity that would exceed 5 000 m3/d and would raise the total oil production capacity to more than 10 000 m3/d. 13 The proposed construction, decommissioning or abandonment, or an expansion that would result in an increase in production capacity of more than 35 per cent, of (a) an oil refinery, including a heavy oil upgrader, with an input capacity of more than 10 000 m3/d; (b) a facility for the production of liquid petroleum products from coal with a production capacity of more than 2 000 m3/d; Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List (c) a sour gas processing facility with a sulphur inlet capacity of more than 2 000 t/d; (d) a facility for the liquefaction, storage or regasification of liquefied natural gas, with a liquefied natural gas processing capacity of more than 3 000 t/d or a liquefied natural gas storage capacity of more than 50 000 t; (e) a petroleum storage facility with a capacity of more than 500 000 m3; or (f) a liquefied petroleum gas storage facility with a capacity of more than 100 000 m3. 14 The proposed construction of (a) an oil and gas pipeline more than 75 km in length on a new right of way; or (b) an offshore oil and gas pipeline, if any portion of the pipeline is outside the limits of a study area delineated in (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order. 15 [Repealed, SOR/2005-335, s. 2] PART V Minerals and Mineral Processing 16 The proposed construction, decommissioning or abandonment of (a) a metal mine, other than a gold mine, with an ore production capacity of 3 000 t/d or more; (b) a metal mill with an ore input capacity of 4 000 t/d or more; (c) a gold mine, other than a placer mine, with an ore production capacity of 600 t/d or more; (d) a coal mine with a coal production capacity of 3 000 t/d or more; or (e) a potash mine with a potassium chloride production capacity of 1 000 000 t/a or more. 17 The proposed expansion of Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List (a) an existing metal mine, other than a gold mine, that would result in an increase in its ore production capacity of 50 per cent or more, or 1 500 t/d or more, if the increase would raise the total ore production capacity to 3 000 t/d or more; (b) an existing metal mill that would result in an increase in its ore input capacity of 50 per cent or more, or 2 000 t/d or more, if the increase would raise the total ore input capacity to 4 000 t/d or more; (c) an existing gold mine, other than a placer mine, that would result in an increase in its ore production capacity of 50 per cent or more, or 300 t/d or more, if the increase would raise the total ore production capacity to 600 t/d or more; (d) an existing coal mine that would result in an increase in its coal production capacity of 50 per cent or more, or 1 500 t/d or more, if the increase would raise the total coal production capacity to 3 000 t/d or more; or (e) an existing potash mine that would result in an increase in its potassium chloride production capacity of 50 per cent or more, or 500 000 t/a or more, if the increase would raise the total potassium chloride production capacity to 1 000 000 t/a or more. 18 The proposed construction, decommissioning or abandonment, or an expansion that would result in an increase in production capacity of more than 35 per cent, of (a) an asbestos mine; (b) a salt mine with a brine production capacity of 4 000 t/d or more; (c) an underground salt mine with a production capacity of 20 000 t/d or more; (d) a graphite mine with a production capacity of 1 500 t/d or more; (e) a gypsum mine with a production capacity of 4 000 t/d or more; (f) a magnesite mine with a production capacity of 1 500 t/d or more; (g) a limestone mine with a production capacity of 12 000 t/d or more; (h) a clay mine with a production capacity of 20 000 t/d or more; (i) a stone quarry or gravel or sand pit with a production capacity of 1 000 000 t/a or more; or (j) a metal mine located offshore or on the ocean bed. Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List PART VI Nuclear and Related Facilities 19 The proposed construction, decommissioning or abandonment, or an expansion that would result in an increase in production capacity of more than 35 per cent, of (a) a uranium mine, a uranium mill or a waste management system any of which is on a site that is not within the boundaries of an existing licensed uranium mine or mill; (b) a uranium mine, a uranium mill or a waste management system any of which is on a site that is within the boundaries of an existing licensed uranium mine or mill, if the proposal involves processes for milling or uranium tailings management that are not authorized under the existing licence; (c) a Class IB nuclear facility for the refining or conversion of uranium that has a uranium production capacity of more than 100 t/a; (d) a Class IA nuclear facility that is a nuclear fission reactor that has a production capacity of more than 25 MW (thermal); (e) a Class IB nuclear facility that is a plant for the production of deuterium or deuterium compounds using hydrogen sulphide that has a production capacity of more than 10 t/a; (f) a Class IB nuclear facility for the processing of irradiated nuclear fuel with an irradiated nuclear fuel input capacity of more than 100 t/a; (g) a Class IB nuclear facility that is on a site that is not within the boundaries of an existing licensed nuclear facility and is for (i) the storage of irradiated nuclear fuel, where the facility has an irradiated nuclear fuel inventory capacity of more than 500 t, (ii) the processing or storage of radioactive waste other than irradiated nuclear fuel, where (A) the activity of the throughput of radioactive material with a half-life greater than one year is more than 1 PBq/a (1015 Bq/a), or (B) the activity of the inventory of radioactive material with a half-life greater than one year is more than 1 PBq (1015), or (iii) the disposal of radioactive nuclear substances. PART VII Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List Industrial Facilities 20 The proposed construction, decommissioning or abandonment of a pulp mill or pulp and paper mill. 21 The proposed expansion of a pulp mill or pulp and paper mill that would result in an increase in its production capacity of more than 35 per cent and more than 100 t/d. 22 The proposed construction, decommissioning or abandonment, or an expansion that would result in an increase in its production capacity of more than 35 per cent, of (a) a facility for the production of primary steel with a metal production capacity of 5 000 t/d or more; (b) an industrial facility for the commercial production of non-ferrous metals or light metals by pyrometallurgy or high temperature electrometallurgy; (c) a non-ferrous metal smelter located in the Yukon Territory or Northwest Territories; (d) a facility for the manufacture of chemical products with a production capacity of 250 000 t/a or more; (e) a facility for the manufacture of pharmaceutical products with a production capacity of 200 t/a or more; (f) a facility for the manufacture of wood products that are pressure-treated with chemical products, with a production capacity of 50 000 m3/a or more; (g) a facility for the manufacture of plywood or particle board with a production capacity of 100 000 m3/a or more; (h) a facility for the production of respirable natural mineral fibres; (i) a leather tannery with a production capacity of 500 000 m2/a or more; (j) a facility for the manufacture of primary textiles with a production capacity of 50 000 t/a or more; (k) a factory for the manufacture of chemical explosives employing chemical processes; or (l) a facility for the manufacture of lead-acid batteries. PART VIII Defence 23 The proposed construction outside an existing military base of (a) a military base or station; or Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List (b) a training area, range or test establishment for military training or weapons testing. 24 The proposed expansion of a military base or station that would result in an increase in the area of the military base or station of more than 25 per cent, or an increase in the cumulative floor area of existing buildings located on the military base or station of more than 25 per cent. 25 The proposed decommissioning of a military base or station. 26 The proposed testing of weapons for more than five days in a calendar year in an area other than those training areas, ranges and test establishments established under the authority of the Minister of National Defence for the testing of weapons prior to the coming into force of these Regulations. 27 The proposed low-level flying of military fixed-wing jet aircraft for more than 150 days in a calendar year as part of a training program at an altitude below 330 m above ground level on a route or in an area that is not established by or under the authority of the Minister of National Defence or the Chief of the Defence Staff as a route or area set aside for lowlevel flying training prior to the coming into force of these Regulations. PART IX Transportation 28 The proposed construction, decommissioning or abandonment of (a) a canal or any lock or associated structure to control water levels in the canal; (b) a lock or associated structure to control water levels in existing navigable waterways; or (c) a marine terminal designed to handle vessels larger than 25 000 DWT unless the terminal is located on lands that are routinely and have been historically used as a marine terminal or that are designated for such use in a landuse plan that has been the subject of public consultation. 29 The proposed construction of (a) a railway line more than 32 km in length on a new right of way; (b) an all-season public highway that will be more than 50 km in length and either will be located on a new right-ofway or will lead to a community that lacks all-season public highway access; or (c) a railway line designed for trains that have an average speed of more than 200 km/h. Current to June 20, 2022 Last amended on December 31, 2014 Comprehensive Study List Regulations SCHEDULE Comprehensive Study List 30 The proposed construction or decommissioning of (a) an aerodrome located within the built-up area of a city or town; (b) an airport; or (c) an all-season runway with a length of 1 500 m or more. 31 The proposed extension of an all-season runway by 1 500 m or more. PART X Waste Management 32 The proposed construction, decommissioning or abandonment of a facility used exclusively for the treatment, incineration, disposal or recycling of hazardous waste, or an expansion of such a facility that would result in an increase in its production capacity of more than 35 per cent. SOR/99-439, ss. 2 to 7; SOR/2003-282, ss. 2 to 5; SOR/2003-352, ss. 2, 3(F), 4; SOR/ 2005-335, s. 2; SOR/2006-175, ss. 2(F), 3, 4(F). Current to June 20, 2022 Last amended on December 31, 2014

CONSOLIDATION Canada Small Business Financing Regulations SOR/99-141 Current to June 20, 2022 Last amended on February 19, 2016 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. The last amendments came into force on February 19, 2016. 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 Last amended on February 19, 2016 TABLE OF PROVISIONS Canada Small Business Financing Regulations Interpretation Loan Registration Fees Loan Classes and Conditions Designation of Lenders 7.1 Prescribed Condition Due Diligence Requirements Appraisal Terms of the Loan Interest Rate Additional Amounts Payable by Borrowers Security Primary Security Substitution of Assets Release of Primary Security Additional Security Release and Substitution of Additional Security Current to June 20, 2022 Last amended on February 19, 2016 ii Canada Small Business Financing Regulations TABLE OF PROVISIONS Guarantees and Suretyships Personal Guarantees and Suretyships Corporate Guarantees and Suretyships Release of Guarantors and Sureties Substitution of Guarantees and Suretyships Non-Compliance Transfer of Loans Between Lenders Amalgamation of Lenders and other Actions Relating to Lending Transfer of Loans Between Borrowers Reporting Requirements Default Procedure on Default Claims Procedure 38.1 Additional Claims Procedure Interim Claims Procedure Subrogation Coming into Force Current to June 20, 2022 Last amended on February 19, 2016 iv Registration SOR/99-141 March 18, 1999 CANADA SMALL BUSINESS FINANCING ACT Canada Small Business Financing Regulations P.C. 1999-473 March 18, 1999 Whereas, pursuant to subsection 14(3) of the Canada Small Business Financing Acta, the Minister of Industry had a copy of the proposed Canada Small Business Financing Regulations, substantially in the annexed form, laid before the House of Commons on March 10, 1999 and laid before the Senate on March 11, 1999; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister for the purposes of the Atlantic Canada Opportunities Agency Act, the Minister of Western Economic Diversification, the Minister of Industry and the Minister of Finance, pursuant to section 14 of the Canada Small Business Financing Acta, hereby makes the annexed Canada Small Business Financing Regulations. a S.C. 1998, c. 36 Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Interpretation 1 (1) The definitions in this subsection apply in these Regulations. Act means the Canada Small Business Financing Act. (Loi) borrower means a person who carries on or is about to carry on a small business to whom a loan has been made under the Act. It does not include Her Majesty or an agent of Her Majesty in right of Canada or a province, a municipality or a municipal or other public body that performs a function of government. (emprunteur) conventional loan means a loan that is not subject to the Act. (prêt ordinaire) equipment means equipment that is used or to be used in the course of carrying on a small business, and includes computer software, any ship, boat or other vessel used or to be used in navigation and water supply systems. It does not include inventory of the small business except inventory that is leased by the borrower to the borrower’s customers. (matériel) going concern means a small business that has carried on operations at any time within 60 days prior to purchase or, in the case of a small business that operates on a seasonal basis, during the season prior to purchase. (entreprise en exploitation) health care industry means a small business classified under the heading Major Group 86 - Health and Social Service Industries, of the Standard Industrial Classification, 1980 published by Statistics Canada. (industrie des soins médicaux) hospitality industry means a small business classified under the headings Major Group 91 - Accommodation Service Industries, and Major Group 92 - Food and Beverage Service Industries, of the Standard Industrial Classification, 1980 published by Statistics Canada. (industrie hôtelière) improvement includes construction, renovation and modernization and, with respect to equipment, installation. (amélioration) Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Interpretation Sections 1-1.1 loan agreement means any document described in section 10. (contrat de prêt) loan term means the period set out in a loan agreement for repayment of the total amount of the loan. (durée du prêt) mini-storage industry means a small business classified under the heading 479 - Other Storage and Warehousing Industries, of the Standard Industrial Classification, 1980 published by Statistics Canada. (industrie du minientreposage) responsible officer of the lender [Repealed, SOR/ 2009-102, s. 1] (2) Whether persons are at arm’s length from each other must, for the purposes of these Regulations, be determined in accordance with the Income Tax Act. (3) For the purposes of these Regulations, a loan is considered to have been made on the day on which the first disbursement of funds is made by the lender. SOR/2009-102, s. 1; SOR/2014-7, s. 1(F). 1.1 (1) For the purposes of subsections 4(3) and 7(2) of the Act, borrowers are related when one borrower (a) controls, directly or indirectly in any manner, the other borrower; (b) is controlled, directly or indirectly in any manner, by the same person or group of persons as the other borrower; (c) carries on their small business in partnership with the other borrower, which carries on another small business; or (d) shares management services, administrative services, equipment, facilities or overhead expenses of the business with the other borrower, but is not in partnership with that borrower. (2) For the purpose of subsection (1), “borrower” includes a person to whom a guaranteed business improvement loan was made under the Small Business Loans Act, if that loan is outstanding. (3) For the purpose of subsection (1), control means to hold shares of a corporation to which are attached more than 50% of the votes that are necessary to elect a majority of its directors. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Interpretation Sections 1.1-3 (4) Despite subsection (1), borrowers whose businesses are located at different premises are not related if neither borrower derives more than 25% of their actual or projected gross revenues from the other. SOR/2009-102, s. 2. Loan Registration 2 (1) A loan must be registered, subject to subsection (2), within three months after the day on which the loan is made. (2) If subsection (1) is not complied with and the noncompliance is inadvertent, the Minister must extend the period within which that subsection must be complied with by a period of three months. SOR/2009-102, s. 24(F); SOR/2014-7, s. 2(F). 3 (1) A loan registration form must be signed by the borrower and the lender and contain the following information: (a) the borrower’s name and the civic address and telephone number of the small business; (a.1) the names of the borrower’s shareholders and the names of the guarantors or suretyships referred to in sections 19 and 20; (b) the day on which the loan was made; (c) a statement setting out separately (i) the total amount of the loan, (ii) the estimated amount of the loan allocated to each class of loans referred to in paragraphs 5(1)(a) to (c), and (iii) the amount of the loan allocated to the class of loan referred to in paragraph 5(1)(d); (d) the total estimated cost of the purchase or improvement to be financed by the loan; (e) [Repealed, SOR/2009-102, s. 3] (f) the lender’s acknowledgement that the lender has not charged the borrower any fees or charges other than those authorized by the Act and these Regulations; (g) the borrower’s consent to (i) the Minister’s audit of the loan approval and administration file held by the lender in respect of the loan, and Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Loan Registration Section 3 (ii) the release, by the Minister, of information with respect to the borrower’s outstanding loans, to another lender to whom the borrower applies for a loan; (h) the lender’s acknowledgement that, before making the loan, it verified within the branch where the loan was to be made or, if it has no branches, within its organization, that the outstanding loan amount in relation to the borrower does not exceed the applicable limit referred to in paragraph 4(2)(d) of the Act; (i) the borrower’s acknowledgement that the outstanding loan amount in relation to the borrower does not exceed the applicable limit referred to in paragraph 4(2)(d) of the Act; (j) the borrower’s acknowledgement that the making of the loan is not prohibited by any of subsections 5(2), (4) or (6); (k) the lender’s acknowledgement that, before approving the loan, the lender acted in accordance with the due diligence requirements referred to in section 8. (l) [Repealed, SOR/2016-18, s. 1] (2) If a loan registration form is transmitted by electronic means, it must include the electronic signature of the lender and contain the information set out in paragraphs (1)(a) to (l) and the following: (a) the borrower’s acknowledgement that the lender is authorized to transmit electronically the information contained in the form on behalf of the borrower and that the borrower has signed a copy of the form; and (b) the lender’s acknowledgement that it will keep a copy of the form that is signed by the borrower on file. (3) For the purposes of subsection (2), electronic signature has the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act. (4) A loan registration form must not be transmitted by electronic means unless it is transmitted through a designated secure electronic registration system. (5) and (6) [Repealed, SOR/2009-102, s. 3] SOR/2009-102, s. 3; SOR/2014-7, ss. 3, 28(F); SOR/2016-18, s. 1. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Fees Section 4 Fees 4 (1) The registration fee in respect of a loan referred to in any of paragraphs 5(1)(a) to (c) is 2% of the amount of the loan. (2) The annual administration fee for a loan for a year is the amount calculated at the annual rate of 1.25% applied to the end-of-month balances of the loan during the year, and is payable quarterly within two months after the end of each quarter. (3) to (6) [Repealed, SOR/2009-102, s. 4] (7) With each payment made under subsection (2), the lender must submit a statement that substantiates the basis on which the payment was calculated. (8) Notwithstanding subsection (7), if the lender is unable to provide the statements required by that subsection in respect of a year, the Minister must notify the lender (a) that for that year, the lender may make the payments under subsection (2), except the payment for the last quarter of the year, on the basis of estimates of the amounts payable; and (b) that the lender must submit for that year a statement under subsection (9) rather than the statements required by subsection (7). (9) On or before June 1 following a year in respect of which a lender makes payments under subsection (8), the lender must pay any deficiency for the year and provide a statement that indicates the basis on which the amount of the annual administration fee for the year was calculated. (10) On application by a lender, made within one year after the day on which the loan is made, the Minister must (a) where the lender has disbursed less than the full amount of the loan registered, refund to the lender that portion of the registration fee that is attributable to the portion of the loan that was not disbursed and subtract the amount of the undisbursed portion from the amount of the loan registered; or (b) where the lender determines that the loan is not in compliance with the requirements of the Act and these Regulations, refund to the lender the registration fee and the annual administration fee and delete the entire amount of the loan registered. SOR/2009-102, s. 4; SOR/2014-7, s. 4. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Loan Classes and Conditions Section 5 Loan Classes and Conditions 5 (1) A loan must fall within one of the following prescribed classes: (a) loans to finance the purchase or improvement of real property or immovables of which the borrower is or will become the owner, if the purchase or improvement is necessary for the operation of the borrower’s small business; (b) loans to finance the purchase of leasehold improvements to real property or immovables of which the borrower is or will become the tenant or the improvement of such real property or immovables, if the purchase or improvement is necessary for the operation of the borrower’s small business; (c) loans to finance the purchase or improvement of equipment necessary for the operation of the borrower’s small business; or (d) loans to finance the payment by the borrower of registration fees payable in respect of a loan referred to in any of paragraphs (a) to (c). (2) A loan referred to in paragraph (1)(a) may not be made for the purchase of real property or immovables unless, at the time the loan is approved by the lender, (a) at least 50% of the area of the real property or immovables is used for the operation of the small business or is intended to be so used within 90 days after the final disbursement under the loan agreement; and (b) that portion of the area is not intended to be used within three years after the day on which the loan is made for (i) resale, or (ii) leasing or subleasing, except in the case of a small business in the health care industry, hospitality industry or mini-storage industry. (3) A loan referred to in paragraph (1)(a) for the purchase of real property or immovables may include the cost of decontamination of real property or immovables if Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Loan Classes and Conditions Sections 5-7.1 (a) the decontamination is required under a federal or provincial law, and the decontamination plan is disclosed to the lender on or before the day on which the loan is made; and (b) the loan is secured by a first mortgage on the real property or immovables. (4) A loan referred to in paragraph (1)(b) may not be made if the real property or immovables are intended to be used within three years after the day on which the loan is made for subleasing except in the case of a small business in the health care industry, hospitality industry or mini-storage industry. (5) The cost of purchasing or improving the equipment, real property, immovables or leasehold improvements financed by a loan referred to in any of paragraphs (1)(a) to (c) must not include the cost of labour provided by the borrower or the borrower’s employees but may include the cost of labour provided by any subcontractor. (6) A loan referred to in any of paragraphs (1)(a) to (c) may not be used to finance the payment of any incidental costs other than non-refundable taxes and customs duties. SOR/2009-102, ss. 5, 25(F); SOR/2014-7, ss. 5, 28(F). 6 (1) Any loan referred to in paragraphs 5(1)(a) to (d) may not be made to finance an expenditure or commitment that arose more than 180 days before the day on which the loan is approved or that was previously financed by a term loan. (2) The maximum loan term is 15 years for a loan referred to in paragraph 5(1)(a) and 10 years for a loan referred to in paragraph 5(1)(b) or (c), beginning on the day on which the first payment of principal and interest is due. SOR/2009-102, s. 6; SOR/2016-18, s. 2. Designation of Lenders 7 The Minister is authorized to designate organizations as lenders. Prescribed Condition 7.1 For the purpose of subparagraph (a)(ii) of the definition “lender” in section 2 of the Act, the member shall provide the Minister with the following: (a) the number assigned to them by the Canadian Payments Association; and Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Prescribed Condition Sections 7.1-9 (b) their external auditor’s certificate stating that the member has been a commercial lender for the past five years. SOR/2001-490, s. 1; SOR/2009-102, s. 7. Due Diligence Requirements 8 In making and administering a loan, the lender must apply the same procedures as those that would be applied in respect of a conventional loan in the same amount, including, before making the loan, (a) obtaining credit references or conducting a credit check on the borrower and any persons who are legally or financially responsible for the borrower; and (b) completing an assessment of the repayment ability of the borrower, taking into account all other financial obligations of the borrower. SOR/2009-102, s. 8; SOR/2014-7, s. 6(F). Appraisal 9 (1) The borrower must, before the loan is approved, provide to the lender from, subject to subsection (2), an appraiser who is a member of any professional association that is recognized under a federal or provincial law and who is at arm’s length from the borrower, and, in the case of assets described in paragraph (c), from the lender, an appraisal, made at any time within 180 days before the loan is approved, of the value of the assets or services intended to improve the assets, as the case may be, if a borrower uses, or intends to use, all or part of a loan to purchase (a) assets, or services intended to improve the assets, from a person who is not at arm’s length from the borrower; (b) all or substantially all of the assets of a going concern; or (c) assets from the lender or its representative that, at the time of purchase, are being or had been used to secure a conventional loan of the lender. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Appraisal Sections 9-10 (2) In the case of a loan to purchase equipment or leasehold improvements, if there is no professional association referred to in subsection (1) whose members are qualified to conduct such an appraisal, the appraisal must be made by an appraiser who is at arm’s length from the borrower and, in the case of equipment or leasehold improvements that are assets referred to in paragraph (1)(c), the lender. (3) [Repealed, SOR/2014-7, s. 7] (4) If an appraisal is required, the amount of the loan must be based on the lesser of (a) the cost of purchasing or improving the asset or both, and (b) the appraised value of the asset or improved asset. SOR/2009-102, s. 9; SOR/2014-7, s. 7. Terms of the Loan 10 (1) On or before the day on which a loan is made, the lender and borrower must sign a document that sets out the principal amount of the loan, the rate of interest payable in respect of the loan, the repayment terms, the frequency of payments of principal and interest and the day on which the first payment of principal and interest is due. (2) The lender and the borrower may, at any time, agree to amend the terms of the loan or, at the end of a loan term, to renew the loan, to an aggregate maximum term of 15 years for a loan referred to in paragraph 5(1)(a) or 10 years for a loan referred to in paragraph 5(1)(b) or (c), beginning on the day on which the first payment of principal and interest is due. (3) On or before the day on which a loan is renewed or its terms are amended, the lender and borrower must sign a document that sets out the terms of the renewal or amendment. (4) For greater certainty, the terms described in subsections (1) and (3) may be set out in more than one document, as long as each document is signed by the lender and the borrower. (5) The repayment terms must provide that (a) the loan is payable by instalments; Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Terms of the Loan Sections 10-13 (b) at least one instalment of principal and interest is payable annually; and (c) the first instalment of principal and interest is payable no later than one year after the day on which the loan is made. SOR/2009-102, s. 10; SOR/2014-7, ss. 8(F), 28(F); SOR/2016-18, s. 3. 11 [Repealed, SOR/2009-102, s. 11] Interest Rate 12 The maximum annual rate of interest payable in respect of a loan on the day on which the loan is made or renewed or on which the loan term is amended, or on which a document is signed that sets out the terms of the loan that is made or renewed or that sets out the amended loan term, must not exceed (a) in the case of a floating rate loan, the aggregate of 3% and the prime lending rate that is in effect at that lender on each day of the loan term, beginning on the day on which the loan is made; and (b) in the case of a fixed rate loan, the aggregate of 3% and (i) the single family residential mortgage or hypothec rate in effect at that lender for the loan term, or (ii) in the case of a loan term of more than five years if there is no single family residential mortgage or hypothec rate for that loan term, the fiveyear single family residential mortgage or hypothec rate. SOR/2009-102, s. 12; SOR/2014-7, s. 9(F). Additional Amounts Payable by Borrowers 13 (1) A lender may require the borrower to pay to the lender, in addition to the registration fee referred to in section 11 of the Act, (a) any charge that would be charged by the lender for taking security in respect of a conventional loan of the same amount; (b) any premium under a life or disability insurance policy that provides that a benefit is or may become payable to the lender, if the lender pays the premium under the loan agreement; Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Additional Amounts Payable by Borrowers Sections 13-14 (c) any charge for the conversion of a conventional fixed rate loan to a conventional floating rate loan of the same amount, or a conventional floating rate loan to a conventional fixed rate loan of the same amount, or any charge for the prepayment of all or part of a loan that would be charged by the lender in respect of a conventional loan of the same amount; and (d) in the case of a loan made after March 31, 2014, any other charge that would be charged by the lender in respect of a conventional loan of the same amount. (2) If a charge referred to in paragraph (1)(a) or a premium referred to in paragraph (1)(b) is expressed as a percentage of the outstanding amount of the loan, the charge or premium must not be combined with the rate of interest payable in respect of the loan unless the percentage that is attributable to the charge or premium is clearly set out in the loan agreement. (3) [Repealed, SOR/2009-102, s. 13] SOR/2009-102, s. 13; SOR/2014-7, s. 10. Security Primary Security 14 (1) A lender must, when making a loan referred to in any of paragraphs 5(1)(a) to (c), take valid and enforceable first-ranking security in the assets of the small business whose purchase or improvement is to be financed by the loan. (2) If the purchase or improvement of the assets of the small business is to be financed by a loan and another source of financing, the security taken by the lender in those assets must be equal in rank to that taken in those assets in relation to the other source of financing. (3) In the case of a loan referred to in paragraph 5(1)(b), or a loan referred to in paragraph 5(1)(c) for the financing of computer software, the lender may take security in any assets of the small business in respect of which the loan is made. (4) If, within 30 days before or after the day on which a loan is made, the lender makes one or more conventional loans that are term loans to the same borrower to finance a purchase or improvement that would be eligible for a loan, the lender (a) must, in addition to any security otherwise required by this section to be taken, take security in the Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Security Primary Security Sections 14-16 same assets and equal in rank to that taken to secure the conventional loan or loans; and (b) may take security to secure the conventional loan or loans on the same assets and equal in rank to that taken to secure the loan. (5) If there is existing security in an asset whose purchase or improvement is to be financed by a loan, the security taken by the lender in that asset must be of the highest available rank, but if the existing security is the result of the application of a provision respecting subsequently acquired property, the lender must obtain all necessary postponements to ensure that the security in the asset is a first ranking charge. (6) [Repealed, SOR/2016-18, s. 4] SOR/2009-102, s. 25(F); SOR/2014-7, s. 11(F); SOR/2016-18, s. 4. Substitution of Assets 15 Primary security must not be replaced by a different type of security, but an asset that is the object of a primary security may be substituted at any time for another asset of the small business in respect of which a loan is made that is of equal or greater value at the time of replacement. SOR/2009-102, s. 14. Release of Primary Security 16 (1) The lender may, in respect of a loan, release primary security in an asset if (a) the loan is in good standing; and (b) the outstanding amount of the loan has been reduced by the amount of the original cost of the asset that is to be released. (2) The lender may also release primary security in an asset at any time if (a) the asset is sold by the borrower to a person at arm’s length from the borrower and all of the proceeds of sale are applied to reduce the outstanding amount of the loan; or (b) the asset is sold by the borrower to a person not at arm’s length from the borrower and (i) the borrower provides to the lender an appraisal of the value of the asset made at any time within 180 days before the date of the sale by an appraiser Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Security Release of Primary Security Sections 16-19 who at that time met the professional qualifications and arm’s length requirements of subsection 9(1) or (2), as the case may be, and (ii) the outstanding amount of the loan is reduced by the greater of the proceeds of the sale and the appraised value of the asset. Additional Security 17 A lender, in addition to any primary security required by section 14 to be taken, may take additional security in any other assets of the small business in respect of which the loan is made. Release and Substitution of Additional Security 18 The lender may release any additional security at any time if the loan is in good standing. Guarantees and Suretyships Personal Guarantees and Suretyships 19 (1) A lender, in addition to the primary security referred to in section 14, may take one or more unsecured personal guarantees or suretyships for an amount of not more than the aggregate of (a) in the case of a loan made before April 1, 2014, 25% of the original amount of the loan, and in the case of a loan made after March 31, 2014, the original amount of the loan, (b) interest on any judgment against the guarantor or surety, (c) taxed costs for, or incidental to, the legal proceedings against the guarantor or surety, and (d) legal fees and disbursements — other than costs referred to in paragraph (c) — and other costs incurred by the lender for services rendered to it by persons other than its employees for the purpose of the legal proceedings against the guarantor or surety. (2) If a lender takes more than one personal guarantee or suretyship, the guarantees or suretyships must state that the aggregate liability of the guarantors or sureties Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Guarantees and Suretyships Personal Guarantees and Suretyships Sections 19-24 may not exceed the aggregate amount referred to in subsection (1). SOR/2014-7, s. 12. Corporate Guarantees and Suretyships 20 A lender, in addition to the primary security referred to in section 14, may take one or more secured or unsecured corporate guarantees or suretyships. Release of Guarantors and Sureties 21 A lender may release a guarantor or surety from a guarantee or suretyship only if the loan is in good standing and the borrower has repaid to the lender at least 50% of the principal amount of the loan. Substitution of Guarantees and Suretyships 22 A borrower may, at any time with the consent of the lender, replace a guarantee or suretyship with security in any assets of the small business in respect of which the loan is made or with another guarantee or suretyship, and the value of the replacement security, guarantee or suretyship must be equal to or greater than the value of the original one. Non-Compliance 23 Notwithstanding that a lender has not paid the annual administration fee in accordance with section 4, the Minister must pay to the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained, despite subsection 9(2) of the Act, in respect of all loans made by the lender if (a) the non-compliance was inadvertent; and (b) the annual administration fee is paid within 90 days after the day on which notice of the non-compliance is received at the head office of the lender. SOR/2009-102, s. 24(F). 24 Notwithstanding that a loan was made contrary to a prohibition set out in any of subsections 5(2) to (4) and (6), the Minister must pay to the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained in respect of the loan if Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Non-Compliance Sections 24-25.1 (a) the non-compliance was inadvertent; and (b) the non-compliance was due to inaccurate information having been provided by the borrower to the lender. SOR/2009-102, s. 24(F). 25 If the non-compliance described in any of the following paragraphs was inadvertent, the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), on the portion of the amount of principal outstanding on the loan to which the non-compliance does not relate: (a) the loan was made to finance a purchase or improvement that does not fall within the scope of a class of loan referred to in subsection 5(1) or that is not permitted under subsection 6(1); (b) the conditions set out in subsection 5(3) were not satisfied in respect of a loan that included the cost of decontamination of real property or immovables; (c) [Repealed, SOR/2009-102, s. 15] (d) the requirements with respect to security set out in these Regulations were not satisfied in respect of the loan; or (e) the lender has not provided all of the documentation described in subsection 38(4) in respect of a claim for the loss. SOR/2009-102, ss. 15, 25(F); SOR/2014-7, s. 13; SOR/2016-18, s. 5. 25.1 (1) Despite the fact that the requirements with respect to appraisals set out in section 9 or subsection 16(2) have not been satisfied in respect of a loan, the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained in respect of the loan if (a) the non-compliance was inadvertent; and (b) the lender provides the Minister with documentation that substantiates the value of the assets or services intended to improve the assets, as the case may be, during the period of 180 days before the loan was approved by the lender or on the day the loan was approved. (2) Subsection (1) does not apply to appraisals of real property or immovables. (3) Despite the fact that the lender has not provided the documentation referred to in paragraph (1)(b), the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), on the portion Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Non-Compliance Sections 25.1-25.4 of the amount of principal outstanding on the loan to which the non-compliance does not relate. SOR/2009-102, s. 16; SOR/2014-7, s. 14. 25.2 Despite the fact that a loan agreement does not contain all of the terms described in section 10, the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained in respect of the loan if (a) the non-compliance was inadvertent; and (b) the lender provides the Minister with documentation substantiating the missing terms. SOR/2009-102, s. 16; SOR/2014-7, s. 15(F). 25.3 Despite the fact that the primary security taken by the lender is not enforceable, the Minister must pay the lender the amount of any loss resulting from the loan, calculated in accordance with subsection 38(7), on the portion of the amount of principal outstanding on the loan to which the non-compliance relates if (a) the non-compliance was inadvertent; (b) the requirements set out in section 14 with respect to the validity and ranking of the security are complied with; and (c) the lender provides the Minister with documentation that substantiates the following: (i) the lender, or their agent or mandatary, performed, during the period beginning on the day on which the loan was approved and ending 90 days after the final disbursement under the loan agreement, an on-site visit of the premises where the borrower’s small business is carried on or about to be carried on, and (ii) the lender, or their agent or mandatary, confirmed that the assets for which the loan under subsection 5(1) was approved were delivered to and, if required, installed at the premises where the borrower’s small business is carried on or about to be carried on at the time of the on-site visit. SOR/2014-7, s. 16. 25.4 If the non-compliance was inadvertent with respect to an outstanding loan amount referred to in any of paragraphs 4(2)(b) to (d) of the Act, the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), on the portion of the amount of the principal outstanding on the loan to which the noncompliance does not relate. SOR/2014-7, s. 16; SOR/2016-18, s. 6. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Non-Compliance Section 26 26 (1) Subject to subsection (3), in the case where the requirements with respect to guarantees and suretyships set out in sections 19 to 22 were not satisfied in respect of a loan made before April 1, 2014, the Minister must pay the lender the amount of any loss resulting from the loan, calculated in accordance with subsection 38(7) if (a) the loss was not affected by the non-compliance and the non-compliance was inadvertent; and (b) the aggregate amount recovered from the realization of personal guarantees and suretyships, if any, is not greater than the sum of (i) 25% of the original amount of the loan, (ii) interest on any judgment against the guarantor or surety, (iii) taxed costs for, or incidental to, the legal proceedings against the guarantor or surety, and (iv) legal fees and disbursements — other than costs referred to in subparagraph (iii) — and other costs incurred by the lender for services rendered to it by persons other than its employees for the purpose of the legal proceedings against the guarantor or surety. (2) Subject to subsection (3), in the case where the requirements with respect to guarantees and suretyships set out in sections 19 to 22 were inadvertently not satisfied in respect of a loan made after March 31, 2014, the Minister must pay the lender the amount of any loss resulting from the loan, calculated in accordance with subsection 38(7), less the guarantee and suretyship taken but not realized due to the non-compliance. (3) In the case where the lender has taken a secured personal guarantee or suretyship, the Minister must pay the lender the amount of any loss resulting from the loan calculated in accordance with subsection 38(7) if (a) the lender has inadvertently taken a secured guarantee or suretyship; and (b) the lender has not realized on, and has released, the security on the guarantee or suretyship. SOR/2009-102, s. 24(F); SOR/2014-7, s. 16. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Non-Compliance Sections 27-28 27 (1) If the conditions set out in subsection (2) have been met, the Minister must pay the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained in respect of a loan despite any of the following non-compliances: (a) [Repealed, SOR/2009-102, s. 17] (b) a fee or charge is payable, other than a fee or charge referred to in section 10 of the Act; (c) the rate of interest payable in respect of the loan is greater than the rate provided by section 12; (d) a charge or premium referred to in paragraph 13(1)(a) or (b) is combined with the rate of interest payable in respect of the loan, when the charge or premium is expressed as a percentage of the outstanding amount of the loan and when the percentage that is attributable to the charge or premium is not clearly set out in the loan agreement; (e) the costs required to convert the loan into a fixed rate or variable rate loan or for the prepayment of all or part of the loan exceed the costs that the lender would impose if it were a loan of the same amount; or (f) costs are charged that are not imposed on an ordinary loan of the same amount or that exceed the costs that would be imposed on an ordinary loan of the same amount. (2) The Minister must make a payment to a lender under subsection (1) if (a) the loss was not affected by the non-compliance and the non-compliance was inadvertent; (b) the lender has reimbursed the borrower for any resultant overcharges, unless the lender has provided the Minister with documentation that substantiates the fact that it is unable to locate the borrower; and (c) the lender has otherwise remedied the non-compliance. SOR/2009-102, ss. 17, 24(F); SOR/2014-7, s. 17. 28 Notwithstanding section 35, if a lender does not provide a report as required by section 34 until after the time required by that section and the non-compliance was inadvertent, the Minister, after receiving the report, must pay to the lender the amount of any loss, calculated in accordance with subsection 38(7), sustained in respect of the loan or loans to which the report relates. SOR/2009-102, s. 24(F). Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Non-Compliance Sections 28.1-30 28.1 When the loan term is longer than the applicable maximum term specified in subsection 6(2), the Minister must pay the lender the amount of any loss calculated in accordance with subsection 38(7) if the default referred to in section 36 occurs (a) in the case of a loan referred to in paragraph 5(1)(a), before the expiry of 15 years after the day on which the first payment of principal and interest is due; and (b) in the case of a loan referred to in paragraph 5(1)(b) or (c), before the expiry of 10 years after the day on which the first payment of principal and interest is due. SOR/2009-102, s. 18; SOR/2016-18, s. 7. Transfer of Loans Between Lenders 29 (1) A lender may assign a loan to another lender at the request of the borrower if the Minister’s liability under subsection 6(2) of the Act in relation to the remaining loans of the transferor does not, as a result of the transfer, exceed the amount already paid by the Minister to the transferor. (2) The transferee must notify the Minister of the transfer in the form referred to in subsection (3). The Minister must determine whether the requirements set out in subsection (1) have been met and must notify both lenders of the determination. (3) A form must be signed by the borrower and by both lenders and must include the loan registration number and the borrower’s acknowledgement that it has requested the transfer. (4) The Minister’s liability under the Act continues in respect of any loss sustained by the transferee in respect of the loan. SOR/2014-7, s. 18. 30 (1) A lender, on the request of the borrower, may make a loan for the purpose of repaying a loan made by another lender in an amount not greater than the outstanding amount of the loan of the other lender if (a) the loan term is not longer than the applicable maximum term specified in subsection 6(2); and (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan of the other lender. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Transfer of Loans Between Lenders Sections 30-31 (2) For the purposes of the Act and these Regulations, a loan that is made under subsection (1) is considered to be a loan of the same class as the loan of the other lender. (3) For the purpose of paragraph (1)(a), the loan term is the period beginning on the day on which the first payment of principal and interest is due in respect of the loan of the other lender and ending on the day on which the last payment of principal and interest is due in respect of the new loan. (4) A lender that makes a loan under subsection (1) must notify the Minister of the making of the loan in the form referred to in subsection 29(3). The Minister must determine whether the requirements set out in subsection 29(1) have been met and must notify both lenders of the determination. (5) Subsections 29(3) and (4) apply, with any modifications that the circumstances require, in respect of a loan made under this section. SOR/2009-102, s. 19; SOR/2016-18, s. 8. Amalgamation of Lenders and other Actions Relating to Lending 31 (1) Before undertaking any of the following actions, the lender must notify the Minister in writing of their intention to undertake the action and of the day on which it is to take effect: (a) a lender amalgamates with another lender; (b) a lender acquires the lending business of another lender; (c) a lender discontinues its commercial lending business and sells all of its outstanding loans to another lender; and (d) a lender closes a branch and sells that branch’s outstanding loans to another lender. (2) When an action set out in paragraph (1)(a) takes effect, the Minister’s liability under the Act in respect of losses sustained by the amalgamating lenders as a result of loans made by them continues in respect of losses sustained by the new lender as a result of those loans and (a) the loans made by the amalgamating lenders are considered to have been made by the new lender; Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Amalgamation of Lenders and other Actions Relating to Lending Sections 31-33 (b) the amount already paid by the Minister in respect of those loans to the amalgamating lenders as a result of the Minister’s liability under subsection 6(2) of the Act is considered to have been paid to the new lender; and (c) if, as a result of the amalgamation, the amount already paid by the Minister to the amalgamating lenders as a result of the Minister’s liability under subsection 6(2) of the Act is greater than the Minister’s liability with respect to the new lender, the Minister’s liability is considered to be equal to the amount already paid. (3) When an action set out in any of paragraphs (1)(b) to (d) takes effect, the Minister’s liability under the Act continues in respect of losses sustained by the transferee lender as a result of those loans and (a) the Minister’s liability under the Act in respect of losses sustained by the transferor as a result of loans made by them continues in respect of losses sustained by the transferee; (b) the loans made by the transferor are considered to have been made by the transferee; (c) the amount already paid by the Minister in respect of those loans to the transferor as a result of the Minister’s liability under subsection 6(2) of the Act is considered to have been paid to the transferee; and (d) if, as a result of the transfer, the amount already paid by the Minister to the transferor and transferee as a result of the Minister’s liability under subsection 6(2) of the Act is greater than the Minister’s liability with respect to the transferee, the Minister’s liability is considered to be equal to the amount already paid. SOR/2014-7, s. 19. 32 [Repealed, SOR/2014-7, s. 20] Transfer of Loans Between Borrowers 33 (1) On the sale of all assets of a small business whose purchase or improvement is being financed by a loan, the borrower may be released by the lender from, and the purchaser may assume, liability in respect of the loan if (a) the purchaser is approved by the lender as a borrower in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Transfer of Loans Between Borrowers Section 33 referred to in any of paragraphs 4(2)(b) to (d) of the Act; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 taken with respect to the loan is replaced with another guarantee or suretyship in accordance with that section of an equal or greater value. (2) On a change of partners in a partnership, an outgoing partner may be released from, and a new partner may assume, liability in respect of a loan if (a) the new partner is approved by the lender as a borrower in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit referred to in any of paragraphs 4(2)(b) to (d) of the Act; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 given with respect to the loan is replaced with another guarantee or suretyship in accordance with that section for an equal or greater value. (3) On leaving a partnership, an outgoing partner who is not being replaced with a new partner may be released from liability in respect of a loan if (a) the remaining partners are approved by the lender as borrowers in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit referred to in any of paragraphs 4(2)(b) to (d) of the Act; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 given with respect to the loan is replaced with another guarantee or suretyship in accordance with that section for an equal or greater value. SOR/2014-7, s. 21; SOR/2016-18, s. 9. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Reporting Requirements Sections 34-37 Reporting Requirements 34 A lender must provide the Minister, before every June 1, with a detailed report on all loans outstanding with that lender as at March 31 in the year of the report, including the following information with respect to each loan: (a) the registration number; (b) the borrower’s name; (c) the amount of principal that is outstanding and not yet due and payable as at March 31 in that year; and (d) the amounts, if any, of principal and interest that are due and payable as at March 31 in that year. SOR/2009-102, s. 20. 35 If the lender does not provide a report in accordance with section 34, the Minister is not liable after the day on which the report was due for any loss sustained by the lender as a result of a loan in respect of which the information specified in any of paragraphs 34(1)(a) to (d) was not provided. Default 36 The outstanding amount of the loan becomes due and payable and the borrower is in default as of the day on which the borrower fails to comply with a material condition of the loan agreement. SOR/2014-7, s. 22. Procedure on Default [SOR/2009-102, s. 21(F)] 37 (1) If a borrower is in default under section 36, the lender may give the borrower notice of default and demand that the borrower comply with a material condition within the period specified in the notice. (2) Before submitting a claim for loss sustained as a result of a loan under section 38, the lender must demand repayment of the outstanding amount of the loan within the period specified in the demand. (3) If the outstanding amount of the loan is not repaid within the period specified, the lender must take any of the following measures that will minimize the loss sustained by it in respect of the loan or that will maximize the amount recovered: Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Procedure on Default Sections 37-38 (a) collect the principal and interest outstanding on the loan; (b) fully realize any security, guarantee or suretyship; (c) realize on any insurance policy under which the lender is the beneficiary; (d) fully implement a compromise settlement with the borrower or with a guarantor or surety or any other person on behalf of the borrower, guarantor or surety; and (e) subject to subsection (4), take legal proceedings, including the enforcement of any resulting judgment, if the estimated cost of the proceedings is not greater than the estimated amount that may be recovered. (4) If the borrower is a partnership or a sole proprietor, the lender may not execute a judgment by realizing on the assets (other than the assets of the small business in respect of which the loan is made) of the partners or sole proprietor, in an amount greater than the sum of (a) in the case of a loan made before April 1, 2014, 25% of the original amount of the loan and in the case of a loan made after March 31, 2014, the original amount of the loan, (b) interest on the judgment, (c) taxed costs for, or incidental to, the legal proceedings against the borrower, and (d) legal fees and disbursements — other than costs referred to in paragraph (c) — and other costs incurred by the lender for services rendered to it by persons other than its employees for the purpose of the legal proceedings against the borrower. SOR/2009-102, s. 21; SOR/2014-7, s. 23. Claims Procedure 38 (1) A lender must take all of the measures described in subsection 37(3) that are applicable before submitting a claim to the Minister for loss sustained as a result of a loan. (2) Regardless of the nature of the default, a lender must submit a claim for loss within 60 months after the day on which the last payment on the loan is received. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Claims Procedure Section 38 (3) The Minister is authorized to extend the 60-month period if the lender requests the extension before that period expires. (4) A claim for loss must be certified by the lender and be accompanied by (a) documentation that substantiates (i) the cost and proof of payment of the purchase or improvement that was financed by the loan in an amount equal to or greater than the principal outstanding on the loan, and (ii) the amount disbursed by the lender under the loan agreement; (b) a copy of the loan record; and (c) the loan approval and administration file, if requested by the Minister. (5) A claim for loss must include the lender’s acknowledgement that it has acted with due diligence in applying the procedures referred to in section 8 and has taken the measures described in subsection 37(3). (6) A claim for loss must include all documents that evidence the security taken by the lender in respect of the loan and all guarantees and suretyships taken by the lender in respect of the loan. (7) A loss sustained by a lender in respect of a loan must be calculated by determining the aggregate of the following amounts and deducting from that aggregate amount the proceeds realized from the taking of any measures described in subsection 37(3) and any overcharges referred to in paragraph 27(2)(b) that have not been reimbursed to the borrower: (a) the amount of principal outstanding on the loan; (b) the amount of interest due and not paid pursuant to the loan agreement, calculated in accordance with subsection (8); (c) uncollected taxed costs for, or incidental to, any legal proceedings in respect of the loan; and (d) legal fees and disbursements, other than the costs referred to in paragraph (c), and other costs incurred by the lender for services rendered to it by persons other than its employees, for the purpose of collecting, or attempting to collect, the loan from the borrower or the guarantor or surety. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Claims Procedure Sections 38-38.1 (8) The amount of interest referred to in paragraph (7)(b) is calculated as follows: (a) in respect of the period beginning on the day after the last day on which interest is current and ending on the day of the first scheduled payment date after that day, at the rate of interest in effect under the loan agreement on the last day on which interest is current, (b) in respect of the 12-month period immediately following the period referred to in paragraph (a), at the rate of interest in effect under the loan agreement on the first day of the 12-month period, (c) in respect of the 12-month period immediately following the period referred to in paragraph (b), at a rate of interest equal to one half of the rate of interest referred to in that paragraph, and (d) in respect of the 12-month period immediately following the period referred to in paragraph (c), at a rate of interest of 0%. SOR/2009-102, s. 22; SOR/2014-7, s. 24; SOR/2016-18, s. 10. Additional Claims Procedure 38.1 (1) If the Minister has paid the lender the amount of any loss, calculated in accordance with subsection 38(7), the lender may, within the applicable period set out below, submit an additional claim for part of the previously unclaimed loss if the failure to respect the deadline for claiming that part of the loss was inadvertent: (a) in the case where the lender has notified the Minister of recovery of 100% of the compromise settlement, guarantee or suretyship under subsection 39(4), within 12 months after the day of notification; (b) in the case where the lender has submitted a final claim under subsection 39(5) after an interim claim, within 12 months after the day on which the claim was made final; and (c) in any other case, within 12 months after the date of expiry of the period specified in subsection 38(2) or (3), as the case may be. (2) An additional claim for part of the loss arising from any amount paid as a result of a claim submitted under a deemed trust by the Canada Revenue Agency or by any Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Additional Claims Procedure Sections 38.1-39 provincial department of revenue may be submitted after the period specified in subsection (1). (3) An additional claim for part of the loss must be certified by the lender and be accompanied (a) in the case of an additional claim submitted under subsection (1), by documentation that substantiates (i) the cost and proof of payment of the purchase or improvement that was financed by the loan, and (ii) if appropriate, the costs referred to in paragraphs 38(7)(c) and (d) that were not previously claimed; and (b) in the case of an additional claim submitted under subsection (2), by documentation that substantiates (i) the amount paid as a result of a claim submitted under a deemed trust by the Canada Revenue Agency or by any provincial department of revenue, and (ii) if appropriate, the costs referred to in paragraphs 38(7)(c) and (d) that were not previously claimed. SOR/2014-7, s. 25; SOR/2016-18, s. 11. Interim Claims Procedure 39 (1) A lender may make an interim claim to the Minister in accordance with this section for loss sustained as a result of a loan or guaranteed business improvement loan made under the Small Business Loans Act where the lender has taken all of the measures described in subsection 37(3) that are applicable and (a) paragraph 37(3)(b) applies but the guarantee or suretyship has not been fully realized; or (b) paragraph 37(3)(d) applies but the compromise settlement has not been fully implemented. (2) The Minister must pay the interim claim as if the lender had fully implemented the compromise settlement or fully realized the guarantee or suretyship at the time the interim claim is submitted. (3) Subsections 38(2) to (8) apply, with any modifications that the circumstances require, in respect of the submission of an interim claim. Current to June 20, 2022 Last amended on February 19, 2016 Canada Small Business Financing Regulations Interim Claims Procedure Sections 39-41 (4) If, after the interim claim is paid, the lender, by fully implementing the compromise settlement or fully realizing the guarantee or suretyship, recovers 100% of the compromise settlement, guarantee or suretyship, the lender must so notify the Minister and the interim claim is deemed to be a final claim. (5) If, after the interim claim is paid, the lender, by fully implementing the compromise settlement or fully realizing the guarantee or suretyship, recovers less than 100% of the compromise settlement, guarantee or suretyship, the lender may submit a final claim under section 38 for the difference. SOR/2014-7, s. 26(E). Subrogation 40 (1) When the Minister pays a lender for a loss sustained by it as a result of a loan, Her Majesty is subrogated from the payment of the final claim for the loss to the rights of the lender up to the amount paid by the Minister. (2) If, after the Minister makes the payment, additional proceeds are realized from the taking of any measures by the lender described in subsection 37(3), the Minister must be paid an amount equal to 85% of the proceeds and the lender must be paid an amount equal to 15%. (3) The payment made to the Minister under subsection (2) is to be taken into account in determining the losses sustained by the lender on loans made after March 31, 2009 when calculating the Minister’s limit of liability with respect to the lender under subsection 6(2) of the Act. SOR/2009-102, s. 23; SOR/2014-7, s. 27. Coming into Force 41 These Regulations come into force on April 1, 1999. Current to June 20, 2022 Last amended on February 19, 2016

CONSOLIDATION CEFTA Rules of Origin for Casual Goods Regulations SOR/2009-199 Current to June 20, 2022 Last amended on July 1, 2009 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. The last amendments came into force on July 1, 2009. 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 Last amended on July 1, 2009 TABLE OF PROVISIONS CEFTA Rules of Origin for Casual Goods Regulations Interpretation Casual Goods Coming into Force Current to June 20, 2022 Last amended on July 1, 2009 ii Registration SOR/2009-199 June 18, 2009 CUSTOMS TARIFF CEFTA Rules of Origin for Casual Goods Regulations P.C. 2009-1038 June 18, 2009 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CEFTA Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on July 1, 2009 CEFTA Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Casual goods that are acquired in Iceland (a) are considered to originate in Iceland and are entitled to the benefit of the Iceland Tariff if (i) the marking of the goods is in accordance with the marking laws of Iceland and indicates that the goods are the product of Iceland or Canada, or (ii) the goods do not bear a mark and nothing indicates that the goods are not the product of Iceland or Canada; (b) are considered to originate in Norway and are entitled to the benefit of the Norway Tariff if the marking of the goods is in accordance with the marking laws of Iceland and indicates that the goods are the product of Norway; and (c) are considered to originate in Switzerland or Liechtenstein and are entitled to the benefit of the Switzerland – Liechtenstein Tariff if the marking of the goods is in accordance with the marking laws of Iceland and indicates that the goods are the product of Switzerland or Liechtenstein. 3 Casual goods that are acquired in Norway (a) are considered to originate in Norway and are entitled to the benefit of the Norway Tariff if (i) the marking of the goods is in accordance with the marking laws of Norway and indicates that the goods are the product of Norway or Canada, or (ii) the goods do not bear a mark and nothing indicates that the goods are not the product of Norway or Canada; Current to June 20, 2022 Last amended on July 1, 2009 CEFTA Rules of Origin for Casual Goods Regulations Casual Goods Sections 3-5 (b) are considered to originate in Iceland and are entitled to the benefit of the Iceland Tariff if the marking of the goods is in accordance with the marking laws of Norway and indicates that the goods are the product of Iceland; and (c) are considered to originate in Switzerland or Liechtenstein and are entitled to the benefit of the Switzerland – Liechtenstein Tariff if the marking of the goods is in accordance with the marking laws of Norway and indicates that the goods are the product of Switzerland or Liechtenstein. 4 Casual goods that are acquired in Switzerland or Liechtenstein (a) are considered to originate in Switzerland or Liechtenstein and are entitled to the benefit of the Switzerland – Liechtenstein Tariff if (i) the marking of the goods is in accordance with the marking laws of Switzerland or Liechtenstein and indicates that the goods are the product of Switzerland or Liechtenstein or Canada, or (ii) the goods do not bear a mark and nothing indicates that the goods are not the product of Switzerland or Liechtenstein or Canada; (b) are considered to originate in Iceland and are entitled to the benefit of the Iceland Tariff if the marking of the goods is in accordance with the marking laws of Switzerland or Liechtenstein and indicates that the goods are the product of Iceland; and (c) are considered to originate in Norway and are entitled to the benefit of the Norway Tariff if the marking of the goods is in accordance with the marking laws of Switzerland or Liechtenstein and indicates that the goods are the product of Norway. Coming into Force 5 These Regulations come into force on July 1, 2009, but if they are registered after that day, they come into force on the day they are registered. Current to June 20, 2022 Last amended on July 1, 2009

CONSOLIDATION Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00 SOR/98-40 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 Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00 3 Coming into Force Current to June 20, 2022 ii Registration SOR/98-40 December 29, 1997 CUSTOMS TARIFF Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00 P.C. 1997-2011 December 29, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 132(1)(g) of the Customs Tariffa, hereby makes the annexed Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00. a S.C. 1997, c. 36 Current to June 20, 2022 Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00 1 The following countries are designated for the purposes of tariff item No. 9810.00.00 of the Customs Tariff: Australia Belgium Denmark France Germany Ghana Greece Iceland India Italy Jamaica Luxembourg Netherlands New Zealand Norway Pakistan Portugal Sri Lanka Trinidad and Tobago Turkey United Kingdom United States of America 2 The following military service agencies are designated for the purposes of tariff item No. 9810.00.00 of the Customs Tariff: (a) German Air Force Tactical Training Command, Goose Bay, Labrador, Newfoundland (b) Post Exchanges - AC & W Sites authorized by the Minister of National Revenue (c) Royal Air Force Detachment, Labrador, Newfoundland Goose Bay, (d) United States Military Services Agencies at Goose Bay Airport, Labrador, Newfoundland Current to June 20, 2022 Order Designating Certain Countries and Military Service Agencies for the Purposes of Tariff Item No. 9810.00.00 Coming into Force Sections 2-3 (e) United States Property Accountability Office, Headquarters ADC Detachment No. 1, Ottawa, Ontario Coming into Force 3 This Order comes into force on January 1, 1998. Current to June 20, 2022

CONSOLIDATION Comox Airport Zoning Regulations SOR/80-803 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 Zoning Regulations Respecting Comox Airport Short Title Interpretation Application General Natural Growth Disposal of Waste SCHEDULE Current to June 20, 2022 ii Registration SOR/80-803 October 20, 1980 AERONAUTICS ACT Comox Airport Zoning Regulations P.C. 1980-2772 October 16, 1980 His Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 6* of the Aeronautics Act, is pleased hereby to approve the annexed Zoning Regulations respecting Comox Airport, made by the Minister of National Defence. * as amended by S.C. 1976-77, c. 28, ss. 2, 49 Current to June 20, 2022 Zoning Regulations Respecting Comox Airport Short Title 1 These Regulations may be cited as the Comox Airport Zoning Regulations. Interpretation 2 In these Regulations, airport means Comox Airport, near the Town of Comox, in the Province of British Columbia; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part III of the schedule; (surface d’approche) Minister means the Minister of National Defence; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport including the runway prepared for the takeoff and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande) transitional surface means an imaginary inclined plane extending upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition) 3 For the purposes of these Regulations, the airport reference point is deemed to be 18.3 metres above sea level. Current to June 20, 2022 Comox Airport Zoning Regulations Application Sections 4-7 Application 4 These Regulations apply to all lands and lands under water, including public road allowances, adjacent to or in the vicinity of the airport, the outer limits of which lands are described in Parts II and III of the schedule, other than such lands as from time to time form part of the airport. General 5 No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object, or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely, (a) the approach surfaces; (b) the outer surface; or (c) the transitional surface. SOR/81-719, s. 1(F). Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces set out in paragraphs 5(a) to (c), the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth thereof. SOR/81-719, s. 2(F). Disposal of Waste 7 No owner or occupier of any land to which these Regulations apply shall permit such land or any part thereof to be used for the disposal or accumulation thereon of any waste, material or substance edible by or attractive to birds. Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE SCHEDULE (ss. 2 and 4) PART I Description of Airport Reference Point Comox Airport Being a point distant 348.121 metres measured southwesterly and at right angles to the centre line of runway 11-29 from a point thereon distant 612.078 metres measured southeasterly along the said centre line from its intersection with the centre line of runway 18-36. PART II Description of Outer Limits of Land All that land and land under water contained within the following described boundary: Commencing at a point on the high water mark of the strait of Georgia distant four thousand (4 000) metres on a bearing of 318°30′53″ from the western end of the centre line of runway 11, thence northeasterly on a curve to the right of radius four thousand (4 000) metres a distance of three thousand two hundred and sixty-four (3 264) metres to a point of tangency, thence 95°16′05″ and parallel to and perpendicularly distant four thousand (4 000) metres from a line joining the western end of the centre line of runway 11 to the northern end of the centre line of runway 18, a distance of six hundred and forty-four decimal eight one two (644.812) metres more or less to a point, said point being distant four thousand (4 000) metres on a bearing of 5°16′05″ from the northern end of the centre line of runway 18, thence southeasterly on a curve to the right of radius four thousand (4 000) metres a distance of one thousand two hundred and two decimal seven two six (1 202.726) metres more or less to an intersection with the northerly production of the centre line of the strip associated with runway 18-36, thence southerly on a curve to the right of radius four thousand (4 000) metres a distance of two thousand two hundred and forty-one decimal three nine one (2 241.391) metres to a point of tangency, thence 144°36′07″ and parallel to the perpendicularly distant four thousand (4 000) metres from a line joining the northern end of the centre line of runway 18 to the eastern end of the centre line of runway 29, a distance of two thousand five hundred and eighty-eight decimal three one zero (2 588.310) metres more or less to a point, said point being distant four thousand (4 000) metres on a bearing of 54°36′07″ from the eastern end of the centre line of runway 29, thence southeasterly, southerly and southwesterly on a curve to the right of radius four thousand Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE (4 000) metres a distance of five thousand six hundred and thirty-eight decimal five three eight (5 638.538) metres more or less to an intersection with the easterly production of the centre line of the strip associated with runway 11-29, thence southwesterly and westerly on a curve to the right of radius four thousand (4 000) metres a distance of four thousand four hundred and sixteen decimal one eight seven (4 416.187) metres to a point of tangency, thence 288°37′31″ and parallel to and perpendicularly distant four thousand (4 000) metres from a line joining the eastern end of the centre line of runway 29 to the southern end of the centre line of runway 36 a distance of five hundred and sixty (560) metres more or less to the high water mark of the Strait of Georgia thence southwesterly and along said high water mark to the most southerly corner of Lot B, Plan 6884 of District Lot 140, thence westerly across Lot A, Plan 3364 and an unnamed road to the most southerly corner of Lot 4, Plan 14734, thence northwesterly along the southwesterly boundary of said Lot 4 to the most easterly corner of Lot 10, Plan 17307, thence southwesterly along the boundary of said Lot 10 to the most southerly corner of said Lot 10, thence northwesterly and westerly along the northeastern boundary of Yates Road to the southwest corner Lot 13, Plan 17307, thence westerly along the southerly boundary of Lot C, Plan 14981 to the southwest corner of said Lot C, thence northwesterly across Butcher Road, Lot A, Plan 410 and Stafford Street to the southeast corner of Lot 23, Plan 410, thence northerly along the easterly boundary of said Lot 23, Plan 410, to the northeast corner of said Lot 23, Plan 410, thence westerly along the southerly boundary of Holmes Street to the northwest corner of Lot 19, Plan 410, thence northwesterly across Beech Road and Lot 24, Plan 2657 to the southeast corner of Lot 6, Plan 16564, thence westerly along the southerly boundary of said Lot 6, Plan 16564 to the southwest corner of said Lot 6, Plan 16564, thence northerly along the westerly boundary of said Lot 6, Plan 16564 to the northwest corner of said Lot 6, Plan 16564, thence westerly along the southerly boundary of Docliddle Road to the northeast corner of Lot 8, Plan 5689, thence northwesterly across Docliddle Road to the southeast corner of Lot 10, Plan 5689, thence westerly along the northerly boundary of Docliddle Road to the southwest corner of Lot 16, Plan 5689, thence northerly along the westerly boundary of said Lot 16, Plan 5689 to the northwest corner of said Lot 16, Plan 5689, thence westerly across Torrence Road, Lot 20, Plan 2657 and Lot 1, Plan 3387 to the southeast corner of Lot A, Plan 16654, thence westerly along the southerly boundary of said Lot A, Plan 16654 to the southwest corner of said Lot A, Plan 16654, thence southerly along the easterly boundary of Lot B, Plan 3144 to the southeast corner of said Lot B, Plan 3144 thence northwesterly across Lot B, Plan 3144, Lots 17, 16, 15, 14, 12 and 11, all of Plan 2657, to the southeast corner of Lot A, Plan 30615, thence westerly along the southerly boundary of said Lot A, Plan 30615 to the southwest corner of said Lot A, Plan 30615 thence northerly along the westerly boundary of said Lot A, Plan 30615 to the southeast corner of amended Lot 2, Plan 10860, thence westerly along the southerly boundary of said amended Lot 2, Plan 10860 to the southwest corner of said amended Lot 2, Plan 10860, thence northerly along the westerly boundary of said amended Lot 2 of the southeast corner of Lot 1, Plan 10860, thence westerly along the southerly boundary of said Lot 1, Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE Plan 10860 to the southwest corner of said Lot 1, Plan 10860, thence northwesterly across Stewart Street to the northeast corner of Lot 3, Plan 4215, thence westerly across Balmoral Avenue to the southeast corner of the southeasterly thirty-six decimal five seven six (36.576) metres of Lot 1, Plan 4991, thence northwesterly along the northerly boundary of Balmoral Avenue to the northwest corner of the intersection of said Balmoral Avenue and Port Augusta Street, thence northwesterly across the remainder of Lot 11, Plan 3556 and Church Street to the most southerly corner of Lot 1, Plan 5081, thence northwesterly along the northerly boundary of Queens Avenue to the southeast corner of Lot 6, Plan 7981 thence across Queens Avenue to the southeast corner of Lot 1, Plan 7221, thence northwesterly along the southerly boundary of said Lot 1, Plan 7221 to the southwest corner of said Lot 1, Plan 7221, thence northwesterly across the east half and the west half of the southerly one hundred and nine decimal four two three (109.423) metres of Lot 9, Plan 2696, to the most southerly corner of Lot 10, Plan 5626, thence northwesterly along the northern boundary of the Lane as shown on Plan 5626 to the southwest corner of Lot 5, Plan 5626 thence northerly across McLeod Street to the southeast corner of Lot 13, Plan 20443, thence westerly along the southerly boundary of said Lot 13, Plan 20443 to the southwest corner of said Lot 13, Plan 20443, thence northerly along the westerly boundary of said Lot 13, Plan 20443 to the northwest corner of said Lot 13, Plan 20443, thence westerly along the southerly boundaries of Lots 7, 8 and 9, Plan 20443 to the southwest corner of said Lot 9, Plan 20443, thence northerly along the westerly boundary of said Lot 9, Plan 20443 to the northwest corner of said Lot 9, Plan 20443, thence northwesterly across Richardson Avenue to the southwest corner of Lot C, Plan 25492 thence westerly along the northerly boundary of said Richardson Avenue to the southerly boundary of Lot A, Plan 25492, thence westerly and along said southerly boundary of Lot A, Plan 25492 to the southwest corner of said Lot A, Plan 25492, thence northerly along the westerly boundary of said Lot A, Plan 25492, to the northwest corner of said Lot A, Plan 25492, thence westerly along the southerly boundary of Lot 4, Plan 4032 to the southwest corner of said Lot 4, Plan 4032, thence northerly along the westerly boundary of said Lot 4, Plan 4032 to the northwest corner of said Lot 4, Plan 4032, thence northwesterly across Anderton Road to the southeast corner of Lot 1, Plan 20478, thence westerly along the southerly boundary of said Lot 1, Plan 20478 to the southwest corner of said Lot 1, Plan 20478, thence northwesterly across the remainder of Lot 3, Plan 8215 to the northeast corner of Lot B, Plan 24907, thence northwesterly across Robb Avenue to the southwest corner of Lot E, Plan 30168, thence northerly along the westerly boundary of said Lot E, Plan 30168 to the northwest corner of said Lot E, Plan 30168, thence westerly along the southerly boundary of Lot C, Plan 30168 to the southwest corner of said Lot C, Plan 30168, thence northerly along the westerly boundary of said Lot C, Plan 30168 to the southeast corner of Lot B, Plan 30168, thence westerly along the southerly boundaries of said Lot B, and Lot A of Plan 30168 to the southwest corner of said Lot A, Plan 30168 thence northerly along the westerly boundary of said Lot A, Plan 30168 to a point of curvature in said westerly boundary of said Lot A, Plan 30168, thence northerly across Gull Avenue to the southeast corner of Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE Lot 5, Plan 26338, thence westerly along the northern boundary of Gull Avenue to the southwest corner of Lot 4, Plan 26338, thence northerly along the westerly boundary of said Lot 4, Plan 26338 to the northwest corner of said Lot 4, Plan 26338 thence westerly along the northerly boundaries of Lots 3, 2 and 1 of Plan 26338 to the westerly boundary of Section 1, thence northerly along said westerly boundary of Section 1 across the remainder of Lot 10, Plan 25246 and across Noel Avenue to the southerly boundary of Lot 28, Plan 28669, thence westerly, northwesterly and southwesterly along the northerly boundary of Noel Avenue to the southwest corner of Lot 27, Plan 28669, thence northerly along the westerly boundary of said Lot 27, Plan 28669 to the northwest corner of said Lot 27, Plan 28669 thence westerly along the Lot 27, Plan 28669, thence westerly along the southerly boundary of Section 65 to the northwest corner of Lot 22, Plan 28669 thence northwesterly across said Section 65 to the northwest corner of said Section 65, thence westerly along the southerly boundary of District Lot 170 to its intersection with southeastern boundary of McDonald Road, thence northerly across said McDonald Road and Lot 9, Plan 1911 to the most southerly corner of Lot 17, Plan 21400, thence northwesterly along the southwesterly boundary of said Lot 17, Plan 21400 to the most westerly corner of said Lot 17, Plan 21400 thence northwesterly across Cummings Road to the most southerly corner of Lot 2, Plan 21400, thence northeasterly along the southeasterly boundary of said Lot 2, Plan 21400 to the most easterly corner of said Lot 2, Plan 24100 thence northwesterly along the northeasterly boundary of said Lot 2, Plan 21400 to the most northerly corner of said Lot 2, Plan 21400, thence southwesterly along the southeasterly boundary of Lot B, Plan 27865 to the most southerly corner of said Lot B, Plan 27865 thence northwesterly along the southwesterly boundaries of said Lot B and Lot A, Plan 27865, thence northeasterly along the northwesterly boundary of said Lot A, Plan 27865 to the most northerly corner of said Lot A, Plan 27865, thence northeasterly across Lerwick Road to the most southerly corner of Lot 5, Plan 1911, thence northwesterly along the northeasterly boundary of Lerwick Road to the most westerly corner of Lot 1, Plan 1911, thence westerly across Dorking Road to the most southerly corner of the remainder of District Lot 157, thence northerly across said remainder of District Lot 157, to the most northerly corner of District Lot 157 thence northerly across Block 72 and Ryan Road to the most easterly corner of Lot 13, Plan 3720, thence northwesterly across Mission Road to the southeast corner of Lot 14, Plan 3720, thence northwesterly along the easterly boundary of said Lot 14, Plan 3720 to the southwest corner of District Lot 235, thence northerly along the easterly boundary of Block 71 to the northwest corner of District Lot 168, thence northeasterly across Block 71 and an unnamed road to the southeast corner of District Lot 177, thence easterly across an unnamed road and along the northerly boundary of the southwest quarter of District Lot 171 to the westerly boundary of Lot 3, Plan 30381, thence northerly along the westerly boundary of Lots 3 and 4 of Plan 30381 to the northwest corner of said Lot 4, Plan 30381, thence northerly within June Road to the southwest corner of District Lot 213, thence easterly along the southerly boundary of said District Lot 213 to the southeast corner of said District Lot 213 thence northerly Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE along the westerly boundary of District Lot 209 to the northeasterly boundary of Waveland Road thence northeasterly across District Lot 209 to the intersection of the north boundary of said District Lot 209 with the west boundary of Hall Road thence easterly along the north boundary of said District Lot 209 to the southerly boundary of Hall Road as shown on Plan 14871, thence southeasterly and northeasterly along said southerly boundary of Hall Road to the high water mark, thence southeasterly along said high water mark to the point of commencement which boundary is shown outlined yellow on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981 and also those lands and lands underwater contained within the blue outline of said Department of National Defence Plan No. B.C. 1289 sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981 and more particularly described in Part III of the schedule, except those parts thereof contained within the yellow outline described above. Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE PART III Description of Each Approach Surface Being a surface abutting each end of the strip associated with runway designated as 11-29 and more particularly described as follows: (a) a surface abutting the end of the strip associated with runway approach 11 consisting of an inclined plane having a ratio of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the northwestern extremity of said outer surface, thence said approach surface shall slope upward at the above specified slope of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant fifteen thousand (15 000) metres measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand four hundred and seventy-five (2 475) metres from the projected centre line; said imaginary horizontal line being two hundred and seventy-one (271) metres, measured vertically above the assigned elevation of the airport reference point; and (b) a surface abutting the end of the strip associated with runway approach 29 consisting of inclined plane having a ratio of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the southeastern extremity of said outer surface, thence said approach surface shall slope upward at the above specified slope of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant fifteen thousand (15 000) metres measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand four hundred and seventy-five (2 475) metres from the projected centre line; said imaginary horizontal line being two hundred and seventy-one (271) metres, measured vertically, above the assigned elevation of the airport reference point; and being a surface abutting each end of the strip associated with runway designated 18-36 and more particularly described as follows: (c) a surface abutting the end of the strip associated with runway approach 18 consisting of an inclined plane having a ratio of one (1) metre measured vertically to forty (40) metres measured horizontally rising to an intersection with the outer surface thence said approach surface shall be contiguous to said outer surface to an intersection with the northern extremity of said outer surface, said intersection Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE being on the projected centre line of the strip and distant three thousand eight hundred and fifty (3 850) metres from the end of the strip, the outer end of said approach surface shall be an imaginary horizontal line drawn at right angles to the projected centre line of the strip, the outer ends of the imaginary horizontal line being seven hundred and twenty-seven decimal five (727.5) metres from the projected centre line, said imaginary horizontal line being forty-five (45) metres, measured vertically, above the airport reference point; and (d) a surface abutting the end of the strip associated with runway approach 36 consisting of an inclined plane having a ratio of one (1) metre measured vertically to twenty (20) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be contiguous to said outer surface to an intersection with the southern extremity of said outer surface, said intersection being on the projected centre line of the strip and distant three thousand eight hundred and fifty (3 850) metres from the end of the strip, the outer end of said approach surface shall be an imaginary horizontal line drawn at right angles to the projected centre line of the strip, the outer ends of the imaginary horizontal line being seven hundred and twenty-seven decimal five (727.5) metres from the projected centre line, said imaginary horizontal line being forty-five (45) metres above the airport reference point; which approach surfaces are shown outlined blue on Department of National Defence Plan No. B.C. 1289 sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981. PART IV Description of the Outer Surface Being an imaginary surface consisting of: (a) a common plane established at a constant elevation of forty-five (45) metres above the assigned elevation of the airport reference point; and (b) when the common plane described in paragraph (a) is less than nine (9) metres above the surface of the ground, an imaginary surface located at nine (9) metres above the surface of the ground; Current to June 20, 2022 Comox Airport Zoning Regulations SCHEDULE (c) except that for the purpose of protecting the approach of runway 36, the common plane in paragraph (b) shall not extend above the continuation of the inclined plane at its angle of divergence beyond the initial intersection with the outer surface, which outer surface is shown, outlined yellow, on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981. PART V Description of the Strips The strip associated with runway 11-29 is four hundred and fifty (450) metres in width, two hundred and twenty-five (225) metres being on each side of the centre line of the runway, and three thousand six hundred and forty-eight (3 648) metres in length; and The strip associated with runway 18-36 is three hundred (300) metres in width, one hundred and fifty (150) metres being on each side of the centre line of the runway and eighteen hundred and twenty-four (1 824) metres in length; which strips are shown outlined green on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981. PART VI Description of Each Transitional Surface Being a surface consisting of an inclined plane rising at a ratio of one (1) metre measured vertically to seven (7) metres measured horizontally at right angles to the centre line, and centre line produced, of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an elevation of forty-five (45) metres, measured vertically above the assigned elevation of the airport reference point, which transitional surfaces are shown outlined red on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981. SOR/81-719, ss. 3 to 7. Current to June 20, 2022

CONSOLIDATION Consolidated Computer Inc. Adjustment Assistance Regulations C.R.C., c. 967 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 Regulations Respecting Adjustment Assistance to Consolidated Computer Inc. 1 Short Title Interpretation Special Loans Current to June 20, 2022 ii CHAPTER 967 DEPARTMENT OF INDUSTRY ACT APPROPRIATION ACTS Consolidated Computer Inc. Adjustment Assistance Regulations Regulations Respecting Adjustment Assistance to Consolidated Computer Inc. Short Title 1 These Regulations may be cited as the Consolidated Computer Inc. Adjustment Assistance Regulations. Interpretation 2 In these Regulations, all words and expressions have the same meaning as in the General Adjustment Assistance Regulations. Special Loans 3 (1) Notwithstanding subsection 14(8) of the General Adjustment Assistance Regulations, the Board may, under subsection 14(4) of those Regulations, provide insurance in an amount not exceeding 99 per cent of the amount of loans, not exceeding $30 million in the aggregate, made by private lenders for the purpose of facilitating the leasing of computer products manufactured by Consolidated Computer Inc., a corporation incorporated under the laws of the Province of Ontario and having its head office in the City of Toronto in that Province. (2) Notwithstanding section 17 of the General Adjustment Assistance Regulations, where a private lender had demanded repayment of a loan described in subsection (1) in respect of which insurance has been provided under subsection 14(8) of the said Regulations, prior to the maturity of that loan, the amount payable by Her Majesty to the private lender shall not exceed the lesser of (a) the amount of insurance in effect on the date of such demand: and Current to June 20, 2022 Consolidated Computer Inc. Adjustment Assistance Regulations Special Loans Section 3 (b) 99 per cent of the loss incurred by the private lender. Current to June 20, 2022

CONSOLIDATION Customs Accounting Document Error Remission Order C.R.C., c. 754 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 Order Respecting the Remission of Customs Duties Imposed under the Customs Tariff and Taxes Imposed under Division III of Part IX and under any other Part of The Excise Tax Act, Underpaid Due to Error on Customs Accounting Document Short Title Remission Current to June 20, 2022 ii CHAPTER 754 FINANCIAL ADMINISTRATION ACT Customs Accounting Document Error Remission Order Order Respecting the Remission of Customs Duties Imposed under the Customs Tariff and Taxes Imposed under Division III of Part IX and under any other Part of The Excise Tax Act, Underpaid Due to Error on Customs Accounting Document Short Title 1 This Order may be cited as the Customs Accounting Document Error Remission Order. SI/88-18, s. 2. Remission 2 Remission is hereby granted of the amount by which the customs duties imposed under the Customs Tariff and the taxes imposed under Division III of Part IX and under any other Part of the Excise Tax Act on goods imported into Canada were underpaid in error, if the amount payable does not amount to more than $7.50 in respect of any one customs accounting document, other than an interim document. SI/88-18, s. 2; SI/91-8, s. 2. Current to June 20, 2022

CONSOLIDATION Cost of Borrowing (Authorized Foreign Banks) Regulations SOR/2002-262 Current to June 20, 2022 Last amended on March 16, 2020 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. The last amendments came into force on March 16, 2020. 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 Last amended on March 16, 2020 TABLE OF PROVISIONS Cost of Borrowing (Authorized Foreign Banks) Regulations 1 Interpretation Application Cost of Borrowing Calculation Annual Interest Rate Included and Excluded Charges Disclosure — General Manner Timing of Initial Disclosure Disclosure — Content Fixed Interest Loans for a Fixed Amount Variable Interest Loans for a Fixed Amount Lines of Credit Credit Card Applications Credit Cards Changes in Circumstances Amendments to Credit Agreements Renewals of Mortgages or Hypothecs Waiver of Payments Current to June 20, 2022 Last amended on March 16, 2020 ii Cost of Borrowing (Authorized Foreign Banks) Regulations TABLE OF PROVISIONS Cancellation of Optional Services Prepayment of Loans Default Charges Advertising Loans for a Fixed Amount Lines of Credit Credit Cards Interest-free Periods Transitional Repeal Coming into Force SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) SCHEDULE 3 Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) SCHEDULE 4 Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) Current to June 20, 2022 Last amended on March 16, 2020 iv Cost of Borrowing (Authorized Foreign Banks) Regulations TABLE OF PROVISIONS SCHEDULE 5 Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) Current to June 20, 2022 Last amended on March 16, 2020 v Registration SOR/2002-262 July 17, 2002 BANK ACT Cost of Borrowing (Authorized Foreign Banks) Regulations P.C. 2002-1243 July 17, 2002 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 567 to 574a and 978b of the Bank Actc, hereby makes the annexed Cost of Borrowing (Authorized Foreign Banks) Regulations. a S.C. 2001, c. 9, s. 153; S.C. 1999, c. 28, ss. 35(4), 35(1) and 35(5) to (8) b S.C. 2001, c. 9, s. 183 c S.C. 1991, c. 46 Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing Banks) Regulations (Authorized Foreign Interpretation 1 The definitions in this section apply in these Regulations. Act means the Bank Act. (Loi) APR means the cost of borrowing for a loan under a credit agreement expressed as an annual rate on the principal referred to in subsection 3(1). (TAC) borrower includes a person to whom a loan is proposed to be made and a holder, or an applicant to become a holder, of a credit card. (emprunteur) credit agreement includes an agreement for a line of credit, a credit card or any kind of loan. (convention de crédit) disbursement charge means a charge, other than one referred to in subsection 5(1), to recover an expense incurred by an authorized foreign bank to arrange, document, insure or secure a credit agreement. It includes a charge referred to in paragraphs 5(2)(c) and (f) to (h). (frais de débours) hypothec means a hypothec on immovable property. (hypothèque) principal means the amount borrowed under a credit agreement but does not include any cost of borrowing. (capital) public index means an interest rate, or a variable base rate for an interest rate, that is published at least weekly in a newspaper or magazine of general circulation, or in some media of general circulation or distribution, in areas where borrowers whose credit agreements are governed by that interest rate reside. (indice publié) Application 2 These Regulations apply to credit agreements, other than a credit agreement entered into (a) for business purposes of a borrower; (b) with a borrower that is not a natural person; Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Application Sections 2-3 (c) under the terms of the Canada Student Loans Act; or (d) under the terms of any Act of Parliament or of the legislature of a province that relates to student loans and that requires the rate of interest or the discount that may apply to the borrower to be disclosed to the borrower. SOR/2009-259, s. 1. Cost of Borrowing Calculation 3 (1) For the purpose of section 569 of the Act, the cost of borrowing for a loan under a credit agreement, other than a loan obtained through the use of a credit card or line of credit, is to be expressed as an annual rate on the principal, as follows: APR = (C / (T × P)) × 100 where APR is the annual percentage rate cost of borrowing; C is an amount that represents the cost of borrowing within the meaning of section 5 over the term of the loan; P is the average of the principal of the loan outstanding at the end of each period for the calculation of interest under the credit agreement, before subtracting any payment that is due at that time; and T is the term of the loan in years, expressed to at least two decimal points of significance. (2) For the purpose of the APR calculation under subsection (1), (a) the APR may be rounded off to the nearest eighth of a per cent; (b) each instalment payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (c) a period of (i) one month is 1/12 of a year, (ii) one week is 1/52 of a year, and (iii) one day is 1/365 of a year; Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Cost of Borrowing Calculation Sections 3-5 (d) if the annual interest rate underlying the calculation is variable over the period of the loan, it must be set as the annual interest rate that applies on the day that the calculation is made; (e) if there are no instalment payments under a credit agreement, then the APR must be calculated on the basis that the outstanding principal is to be repaid in one lump sum at the end of the term of the loan; and (f) a credit agreement for an amount that comprises, in whole or in part, an outstanding balance from a prior credit agreement is a new credit agreement for the purpose of the calculation. (3) For the purpose of section 569 of the Act, the cost of borrowing for a loan obtained under a credit card agreement or line of credit is to be expressed as an annual rate, as follows: (a) if the loan has a fixed annual interest rate, that annual interest rate; or (b) if the loan has a variable interest rate, the annual interest rate that applies on the date of the disclosure. Annual Interest Rate 4 The APR for a credit agreement is the annual interest rate if there is no cost of borrowing other than interest. Included and Excluded Charges 5 (1) Subject to subsection (2), the cost of borrowing for a loan under a credit agreement, other than an agreement for a credit card or line of credit, consists of all the costs of borrowing under the loan over its term, in particular the interest or discount that applies to the loan in accordance with section 567 of the Act, and including the following charges: (a) administrative charges, including charges for services, transactions or any other activity in relation to the loan; (b) charges for the services, or disbursements, of a lawyer or notary that an authorized foreign bank required the borrower to retain; (c) insurance charges other than those excluded under paragraphs (2)(a), (f) and (h); Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Cost of Borrowing Included and Excluded Charges Section 5 (d) charges for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the authorized foreign bank to the broker; and (e) charges for appraisal, inspection or surveying services, other than those mentioned in paragraph (2)(g), related to property that is security for a loan, if those services are required by the authorized foreign bank. (2) The cost of borrowing for a loan does not include (a) charges for insurance on the loan if (i) the insurance is optional, or (ii) the borrower is its beneficiary and the amount insured reflects the value of an asset that is security for the loan; (b) charges for an overdraft; (c) fees paid to register documents or obtain information from a public registry about security interests related to property given as security; (d) penalty charges for the prepayment of a loan; (e) charges for the services, or disbursements, of a lawyer or notary, other than those mentioned in paragraph (1)(b); (f) charges for insurance against defects in title to real or immovable property, if the insurance is paid for directly by the borrower; (g) charges for appraisal, inspection or surveying services provided directly to the borrower in relation to property that is security for a loan; (h) charges for insurance against default on a high-ratio mortgage or hypothec; (i) fees to maintain a tax account that are (i) required for a mortgage or hypothec referred to in paragraph (h), or (ii) optional; (j) any fee to discharge a security interest; or (k) default charges. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Cost of Borrowing Included and Excluded Charges Sections 5-6 Disclosure — General Manner 6 (1) For the purpose of subsection 568(1) of the Act, an authorized foreign bank that grants credit must, in writing, provide the borrower with a disclosure statement that provides the information required by these Regulations to be disclosed. (2) A disclosure statement may be a separate document or may be part of a credit agreement or an application for a credit agreement. (2.1) For a disclosure statement that is part of a credit agreement in respect of a loan, a line of credit or a credit card or an application for a credit card, (a) the disclosure statement must be presented in a consolidated manner in a single location in that agreement or application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the agreement or application. (2.2) For a disclosure statement that is separate from the credit agreement or the application, (a) the disclosure statement must be provided before entering into the agreement or together with the agreement or the application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the disclosure statement. (2.3) Numbers that are set out in the information box, including numbers that refer to an interest rate, a time period, a date or a dollar amount, are not required to be repeated in the disclosure statement but may instead be referenced in it. (2.4) In order to maximize its legibility, the information in the information box must be presented with (a) text in an easily readable font style and font size of at least Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — General Manner Sections 6-6.1 (i) 12 points, with bold font for titles and numbers, including numbers that refer to an interest rate, a time period, a date or a dollar amount, and (ii) 10 points for any other text; (b) standard spacing between words and characters, such that the text does not appear to be in a font smaller than a 10-point font; (c) margins above, below and to either side of the text so that white space is provided around the text and the text is clearly visible; and (d) dark text on a light background in order to maximize the contrast so that the text is clearly visible. (3) Information disclosed in a disclosure statement may be based on an assumption or estimate if the assumption or estimate is reasonable and the information disclosed by it (a) cannot be known by the authorized foreign bank when it makes the statement; and (b) is identified to the borrower as an assumption or estimate. (4) Any disclosure that is required to be made by an authorized foreign bank under these Regulations must be made in language, and presented in a manner, that is clear, simple and not misleading. (5) [Repealed, SOR/2009-259, s. 2] (6) A disclosure statement that is sent to the borrower by mail is considered to be provided to the borrower on the fifth business day after the postmark date. SOR/2009-259, s. 2; SOR/2014-273, s. 10(F); SOR/2020-47, s. 5. 6.1 (1) Subject to subsections (2) and (3), if an authorized foreign bank enters into a credit agreement with two or more borrowers, it must provide the disclosure statement referred to in subsection 6(1) to all of the borrowers. (2) If all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement to one of the borrowers on their behalf, the authorized foreign bank must provide the statement to that borrower. (3) If two or more but not all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement on their behalf to one of the consenting borrowers, the authorized Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — General Manner Sections 6.1-8 foreign bank may provide the statement to that borrower on their behalf, if it also provides the statement to every borrower that has not so consented. (4) If the consent referred to in subsection (2) or (3) is given orally by a borrower, the authorized foreign bank must provide confirmation of that consent to the borrower in writing, in paper or electronic form. SOR/2009-259, s. 3; SOR/2020-47, s. 6. Timing of Initial Disclosure 7 (1) An authorized foreign bank that proposes to enter into a credit agreement with a borrower must provide the borrower with the initial disclosure statement required by these Regulations on or before the earlier of the making of a payment, other than a disbursement charge, in relation to the credit agreement by the borrower and (a) two clear business days before the entering into the credit agreement by the borrower and the authorized foreign bank, in the case of a credit agreement for a mortgage or hypothec; or (b) the entering into the credit agreement by the borrower and the authorized foreign bank, in any other case. (2) Paragraph (1)(a) does not apply if (a) the borrower consents to being provided with the initial disclosure statement for the credit agreement in accordance with paragraph (1)(b); (b) the borrower obtains independent legal advice; (c) a rescission period of at least two clear business days is provided in the credit agreement; or (d) favourable terms that reduce the cost of borrowing are provided in the credit agreement. SOR/2009-259, s. 4; SOR/2014-273, s. 11(F); SOR/2016-142, s. 2; SOR/2020-47, s. 7. Disclosure — Content Fixed Interest Loans for a Fixed Amount 8 (1) An authorized foreign bank that enters into a credit agreement for a loan for a fixed interest rate for a fixed amount, to be repaid on a fixed future date or by instalment payments, must provide the borrower with an Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Fixed Interest Loans for a Fixed Amount Section 8 initial disclosure statement that includes the following information: (a) the principal amount of the loan; (b) the amount of the advance, or any advances, of the principal and when it is, or they are, to be made; (c) the total amount of all payments; (d) the cost of borrowing over the term of the loan, expressed as an amount; (e) the term of the loan, and the period of amortization if different from the term; (f) the annual interest rate and the circumstances under which it is compounded, if any; (g) the APR, when it differs from the annual interest rate; (h) the date on and after which interest is charged and information concerning any period during which interest does not accrue; (i) the amount of each payment and when it is due; (j) the fact that each payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (k) information about any optional service in relation to the credit agreement that the borrower accepts, the charges for each optional service and the conditions under which the borrower may cancel the service if that information is not disclosed in a separate statement before the optional service is provided; (l) the disclosure required by paragraph 570(1)(a) of the Act, including a description of any components that comprise a formula to calculate a rebate, charge or penalty in the event that the borrower exercises the right to repay the amount borrowed before the maturity of the loan and, if section 17 applies, the formula set out in subsection 17(4); (m) the disclosure required by paragraph 570(1)(b) of the Act, including default charges that may be imposed under section 18; (n) the property, if any, over which the authorized foreign bank takes a security interest under the credit agreement; Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Fixed Interest Loans for a Fixed Amount Sections 8-9 (o) any charge for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the authorized foreign bank to the broker; (p) the existence of a fee to discharge a security interest and the amount of the fee on the day that the statement was provided; and (q) the nature and amount of any other charge, other than interest charges. (2) If the missing of a scheduled instalment payment or the imposition of a default charge for a missed scheduled instalment payment increases the outstanding balance of a loan referred to in subsection (1) with the result that each subsequently scheduled instalment payment does not cover the interest accrued during the period for which it was scheduled, the authorized foreign bank must, at most 30 days after the missed payment or the imposition of the default charge, provide the borrower with a subsequent disclosure statement that describes the situation and its consequences. Variable Interest Loans for a Fixed Amount 9 (1) An authorized foreign bank that enters into a credit agreement for a loan with a variable interest rate for a fixed amount, to be repaid on a fixed future date or by instalment payments, must provide an initial disclosure statement that includes the following information in addition to that required by section 8: (a) the annual rate of interest that applies on the date of the disclosure; (b) the method for determining the annual interest rate and when that determination is made; (c) the amount of each payment based on the annual interest rate that applies on the date of the disclosure and the dates when those payments are due; (d) the total amount of all payments and of the cost of borrowing based on that annual interest rate; (e) if the loan is to be paid by instalment payments and the amount to be paid is not adjusted automatically to reflect changes in the annual interest rate that apply to each instalment payment, (i) the triggering annual interest rate above which the amount paid under a scheduled instalment payment on the initial principal does not cover the interest due on the instalment payment, and Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Variable Interest Loans for a Fixed Amount Sections 9-10 (ii) the fact that negative amortization is possible; and (f) if the loan does not have regularly scheduled payments, (i) the conditions that must occur for the entire outstanding balance, or part of it, to become due, or (ii) which provisions of the credit agreement set out those conditions. (2) If the variable interest rate for the loan is determined by adding or subtracting a fixed percentage rate of interest to or from a public index that is a variable rate, the authorized foreign bank must, at least once every 12 months, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the annual interest rate at the beginning and end of the period covered by the disclosure; (b) the outstanding balance at the beginning and end of the period covered by the disclosure; and (c) the amount of each instalment payment due under a payment schedule and the time when each payment is due, based on the annual interest rate that applies at the end of the period covered by the disclosure. (3) If the variable interest rate for the loan is determined by a method other than that referred to in subsection (2), the authorized foreign bank must, at most 30 days after increasing the annual interest rate by more than 1% above the most recently disclosed rate, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the new annual interest rate and the date on which it takes effect; and (b) the amount of each instalment payment and the time when each payment is due, for payments that are affected by the new annual interest rate. Lines of Credit 10 (1) An authorized foreign bank that enters into a credit agreement for a line of credit must provide the borrower with an initial disclosure statement that includes the following information: (a) the initial credit limit, if it is known at the time the disclosure is made; (b) the annual interest rate, or the method for determining it if it is variable; Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Lines of Credit Section 10 (c) the nature and amounts of any non-interest charges; (d) the minimum payment during each payment period or the method for determining it; (e) each period for which a statement of account is to be provided; (f) the date on and after which interest accrues and information concerning any grace period that applies; (g) the particulars of the charges or penalties referred to in paragraph 570(1)(b) of the Act, including default charges that may be imposed under section 18 of these Regulations; (h) the property, if any, over which the authorized foreign bank takes a security interest under the credit agreement; (i) information about any optional service in relation to the credit agreement that the borrower accepts, the charges for each optional service and the conditions under which the borrower may cancel the service if that information is not disclosed in a separate statement before the optional service is provided; (j) a local or toll-free telephone number, or a telephone number with a prominent indication that collect calls are accepted, that the borrower may use to get information about the account during the authorized foreign bank’s regular business hours; and (k) any charge for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the authorized foreign bank to the broker. (2) If the initial credit limit is not known when the initial disclosure statement is made, the authorized foreign bank must disclose it in (a) the first statement of account provided to the borrower; or (b) a separate statement that the borrower receives on or before the date on which the borrower receives that first statement of account. (3) Subject to subsections (4) and (5), the authorized foreign bank must, at least once a month, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the period covered and the opening and closing balances in the period; Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Lines of Credit Sections 10-11 (b) an itemized statement of account that discloses each amount credited or charged, including interest, and the dates when those amounts were posted to the account; (c) the sum for payments and the sum for credit advances and non-interest and interest charges; (d) the annual interest rate that applied on each day in the period and the total of interest charged under those rates in the period; (e) the credit limit and the amount of credit available at the end of the period; (f) the minimum payment and its due date; (g) the borrower’s rights and obligations regarding any billing error that may appear in the statement of account; and (h) a local or toll-free telephone number, or a telephone number with a prominent indication that collect calls are accepted, that the borrower may use to get information about the account during the authorized foreign bank’s regular business hours. (4) The subsequent periodic disclosure statement is not required to be provided for a period during which there have been no advances or payments and (a) there is no outstanding balance at the end of the period; or (b) the borrower has notice that their credit agreement has been suspended or cancelled due to default and the authorized foreign bank has demanded payment of the outstanding balance. (5) The subsequent periodic disclosure statement may be provided once in a three-month period, either in respect of that period or in respect of the last month of that period, if, during that period, (a) there have been no advances or payments; (b) there is an outstanding balance of less than $10; and (c) no interest or fee is being charged or accrued. SOR/2009-259, s. 5. Credit Card Applications 11 (1) An authorized foreign bank that issues credit cards and that distributes an application form for credit Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Credit Card Applications Sections 11-12 cards must specify the following information in the form or in a document accompanying it, including the date on which each of the matters mentioned takes effect: (a) in the case of a credit card with a (i) fixed rate of interest, the annual interest rate, or (ii) variable interest rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the public index and the fixed percentage rate to be added or subtracted from it; (b) the day on and after which interest accrues and information concerning any grace period that applies; and (c) the amount of any non-interest charges. (2) If the information box set out in Schedule 4, containing the information required by paragraph 6(2.1)(b) or (2.2)(b), as applicable, is included in an application form for a credit card or accompanies that application form, the authorized foreign bank is considered to have met the requirements of subsection (1). (3) If an applicant for a credit card applies by telephone or any electronic means, the authorized foreign bank must disclose to them the information required by paragraphs (1)(a) to (c) at the time of the application. (4) If an authorized foreign bank that issues credit cards solicits applications for them in person, by mail, by telephone or by any electronic means, the information required by paragraphs (1)(a) and (c) must be disclosed at the time of the solicitation. SOR/2009-259, s. 6; SOR/2014-273, s. 12(F). Credit Cards 12 (1) An authorized foreign bank that enters into a credit agreement for a credit card must provide the borrower with an initial disclosure statement that includes the following information in addition to that required by paragraphs 10(1)(a) and (c) to (k): (a) the manner in which interest is calculated and the information required by paragraph 11(1)(a); (b) if the borrower is required by the credit agreement to pay the outstanding balance in full on receiving a statement of account, (i) mention of that requirement, Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Credit Cards Section 12 (ii) the grace period by the end of which the borrower must have paid that balance, and (iii) the annual interest rate charged on any outstanding balance not paid when due; (c) if a lost or stolen credit card is used in an unauthorized manner, the maximum liability of the borrower is the lesser of $50 and the maximum set by the credit agreement; (d) if a transaction is entered into at an automated teller machine by using the borrower’s personal identification number, the liability incurred by the transaction is, despite paragraph (c), the maximum liability; and (e) if the authorized foreign bank has received a report from the borrower, whether written or verbal, of a lost or stolen credit card, the borrower has no liability to pay for any transaction entered into through the use of the card after the receipt of the report. (2) If the initial credit limit is not known when the initial disclosure statement is made, the authorized foreign bank must disclose it in (a) the first statement of account provided to the borrower; or (b) a separate statement that the borrower receives on or before the date on which the borrower receives that first statement of account. (3) Despite section 13, if a credit agreement for a credit card is amended, the authorized foreign bank must, in writing and 30 days or more before the amendment takes effect, disclose to the borrower the changes to the information required to be disclosed in the initial statement other than any of those changes that involve (a) a change in the credit limit; (b) an extension to the grace period; (c) a decrease in non-interest charges or default charges referred to in paragraphs 10(1)(c) and (g); (d) a change concerning information about any optional service in relation to the credit agreement that is referred to in paragraph 10(1)(i); Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Credit Cards Section 12 (e) a change in a variable interest rate referred to in subparagraph 11(1)(a)(ii) as a result of a change in the public index referred to in that subparagraph; and (f) a decrease in the fixed rate of interest or a decrease in the fixed percentage rate of interest referred to in subparagraph 11(1)(a)(ii). (4) An amendment referred to in any of paragraphs (3)(a) to (d) or (f) must be disclosed not later than in the first subsequent periodic disclosure statement that is provided after the date of the amendment. (5) Subject to subsections (8) and (9), an authorized foreign bank that issues credit cards must provide borrowers with supplementary disclosure statements on a regular periodic basis, at least once a month, that disclose the information referred to in paragraphs 10(3)(a) and (d) to (h) and that, in addition, contain the following information: (a) an itemized statement of account that describes each transaction and discloses each amount credited or charged, including interest, and the dates when those amounts were posted to the account; (b) the amount that the borrower must pay, on or before a specified due date, in order to have the benefit of a grace period; (c) the sum for payments and the sum for purchases, credit advances and interest and non-interest charges; (d) subject to subsection (7), an estimate of the length of time in months and years that would be required to pay in full the outstanding balance set out in the supplementary disclosure statement, based on the assumption that (i) the minimum payment set out in that statement and in each subsequent supplementary disclosure statement will be made on its corresponding due date, (ii) the annual interest rate that applies on the date of the supplementary disclosure statement in respect of purchases of goods or services, or that, based on the information available on that date, is expected to apply in respect of such purchases after a period during which a promotional or special introductory interest rate applies, will be applied to the outstanding balance until it is paid, (iii) the outstanding balance is rounded up to the nearest hundred dollars for the purpose of arriving at that estimate, and, Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Disclosure — Content Credit Cards Sections 12-13 (iv) a year is considered to consist of not less than 360 days and not more than 366 days; and (e) if the annual interest rate that applies on the date of the supplementary disclosure statement, other than a variable interest rate referred to in subparagraph 11(1)(a)(ii) or an interest rate that has been disclosed to a borrower under subsection (3), could increase in the next period, the circumstances that would give rise to that increase and any new rate of interest that would apply in the next period as a result of the increase. (6) For the purpose of paragraph (5)(a), an itemized statement of account is adequate if it permits the borrower to verify each transaction described by linking it with a transaction record provided to the borrower. (7) The estimate referred to in paragraph (5)(d) is not required to be provided if the borrower is required to pay the outstanding balance in full on receiving a statement of account. (8) The supplementary disclosure statement is not required to be provided for a period during which there have been no advances or payments and (a) there is no outstanding balance at the end of the period; or (b) the borrower has notice that their credit agreement has been suspended or cancelled due to default and the authorized foreign bank has demanded payment of the outstanding balance. (9) The supplementary disclosure statement may be provided once in a three-month period, either in respect of that period or in respect of the last month of that period, if, during that period, (a) there have been no advances or payments; (b) there is an outstanding balance of less than $10; and (c) no interest or fee is being charged or accrued. SOR/2009-259, s. 7; SOR/2014-273, s. 13(F). Changes in Circumstances Amendments to Credit Agreements 13 (1) Subject to subsection (2), if a credit agreement is amended, the authorized foreign bank must, not later Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Changes in Circumstances Amendments to Credit Agreements Sections 13-14 than 30 days after the day on which the amendment is made, disclose in writing to the borrower any resulting changes to the information that was required to be disclosed in the initial disclosure statement. (2) If a credit agreement for a fixed amount has a schedule for instalment payments and the schedule is amended, the authorized foreign bank must, not later than 30 days after the day on which the amendment is made, disclose in writing to the borrower the amended payment schedule and any increase in the total amount to be paid or in the cost of borrowing as a result of that amendment. SOR/2009-259, s. 8. Renewals of Mortgages or Hypothecs 14 (1) If a credit agreement for a loan secured by a mortgage or hypothec is to be renewed on a specified date, the authorized foreign bank must, at least 21 days before the date, provide the borrower with a subsequent disclosure statement that contains the information required to be disclosed by (a) section 8, if the credit agreement is for a fixed interest rate; or (b) section 9, if the credit agreement is for a variable interest rate. (2) The subsequent disclosure statement referred to in subsection (1) must specify that (a) no change that increases the cost of borrowing will be made to the credit agreement between the transmission of the subsequent disclosure statement and the renewal of the credit agreement; and (b) the borrower’s rights under the credit agreement continue, and the renewal does not take effect, until the day that is the later of the date specified for its renewal and 21 days after the borrower receives the statement. (3) An authorized foreign bank that does not intend to renew a credit agreement for a loan secured by a mortgage or hypothec after its term ends shall, at least 21 days before the end of the term, notify the borrower of that intention. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Changes in Circumstances Waiver of Payments Sections 15-16 Waiver of Payments 15 (1) If an authorized foreign bank, under a credit agreement for a loan for a fixed amount, waives a payment without waiving the accrual of interest during the period covered by the payment, the authorized foreign bank must, in an offer to make such a waiver, disclose in a prominent manner that interest will continue to accrue during that period if the offer is accepted. (2) If an authorized foreign bank offers to waive a payment under a credit agreement for a line of credit or a credit card, the authorized foreign bank must, with the offer, disclose in a prominent manner whether interest will continue to accrue during any period covered by the offer if the offer is accepted. Cancellation of Optional Services 16 (1) A disclosure statement made in relation to a credit agreement under which optional services, including insurance services, are provided on an on-going basis must specify that (a) the borrower may cancel the optional service by notifying the authorized foreign bank that the service is to be cancelled effective as of the day that is the earlier of one month after the day that the disclosure statement was provided to the borrower, determined in accordance with subsection 6(6), and the last day of a notice period provided for in the credit agreement; and (b) the bank shall refund or credit the borrower with the proportional amount, calculated in accordance with the formula set out in subsection (2), of any charges for the service paid for by the borrower or added to the balance of the loan, but unused as of the cancellation day referred to in the notice. (2) The proportion of charges to be refunded or credited to a borrower shall be determined in accordance with the formula R = A × ((n- m) / n) where R is the amount to be refunded or credited; A is the amount of the charges; n is the period between the imposition of the charge and the time when the services were, before the cancellation, scheduled to end; and m is the period between the imposition of the charge and the cancellation. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Changes in Circumstances Cancellation of Optional Services Sections 16-17 (3) Subsection (1) is subject to any provincial laws that apply to the cancellation of services that are referred to in that subsection. SOR/2020-47, s. 8. Prepayment of Loans 17 (1) This section applies to loans for fixed amounts of credit, except mortgage or hypothec loans. (2) A borrower under a credit agreement may prepay (a) the outstanding balance of a credit agreement, at any time, without incurring any charge or penalty for making the prepayment; or (b) a part of the outstanding balance (i) on the date of any scheduled payment, if payments are scheduled once a month or more often, or (ii) at any time but only once a month, in any other case. (3) A borrower under a credit agreement who prepays (a) the outstanding balance must be refunded or credited with the proportional amount of any non-interest charges, except for disbursement charges, paid by the borrower or added to that balance, calculated in accordance with the formula set out in subsection (4); and (b) a part of the outstanding balance is not entitled to a refund or credit related to non-interest charges mentioned in paragraph (a). (4) The proportion of non-interest charges to be refunded or credited to a borrower shall be determined in accordance with the formula R = A × ((n- m) / n) where R is the amount to be refunded or credited; A is the amount of the non-interest charges; n is the period between the imposition of the non-interest charge and the scheduled end of the term of the loan; and m is the period between the imposition of the non-interest charge and the prepayment. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Changes in Circumstances Prepayment of Loans Sections 17-20 Default Charges 18 If a borrower under a credit agreement fails to make a payment when it becomes due or fails to comply with an obligation in the agreement, in addition to interest, the authorized foreign bank may impose charges for the sole purpose of recovering the costs reasonably incurred (a) for legal services retained to collect or attempt to collect the payment; (b) in realizing on any security interest taken under the credit agreement or in protecting such a security interest, including the cost of legal services retained for that purpose; or (c) in processing a cheque or other payment instrument that the borrower used to make a payment under the loan but that was dishonoured. Advertising Loans for a Fixed Amount 19 (1) An authorized foreign bank that advertises a loan involving a fixed amount of credit in an advertisement that makes a representation of the interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the APR and the term of the loan. The APR must be provided at least as prominently as the representation and in the same manner, whether visually or aurally, or both. (2) If the APR or the term of the loan is not the same for all loans to which the advertisement relates, the disclosure must be based on an example of a loan that fairly depicts all those loans and is identified as a representative example of them. Lines of Credit 20 An authorized foreign bank that advertises a loan involving a line of credit in an advertisement that makes a representation of the annual interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the annual rate of interest on the date of the advertisement and any initial or periodic non-interest charges at least as prominently as the representation and in the same manner, whether visually or aurally, or both. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations Advertising Credit Cards Sections 21-25 Credit Cards 21 An authorized foreign bank that advertises a credit card in an advertisement that makes a representation of the annual interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the annual rate of interest on the date of the advertisement and any initial or periodic non-interest charges at least as prominently as the representation and in the same manner, whether visually or aurally, or both. Interest-free Periods 22 (1) An authorized foreign bank that finances a transaction depicted in an advertisement that involves a representation, express or implied, that a period of a loan is free of any interest charges must ensure that the advertisement discloses in a manner equally as prominent as the representation, if it is expressed, or in a prominent manner otherwise, whether or not interest, due after the period, accrues during the period. (2) If interest does not accrue during the period, the advertisement must also disclose any conditions that apply to the forgiving of the accrued interest and the APR, or the annual interest rate in the case of credit cards or lines of credit, for a period when those conditions are not met. Transitional 23 These Regulations apply to the renewal or on-going administration of a credit agreement that was entered into before these Regulations came into force. Repeal 24 [Repeal] Coming into Force 25 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) SCHEDULE 1 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) Principal Amount (Indicate the principal amount of the loan.) Annual Interest Rate (Indicate the applicable annual interest rate and provide a brief description of how the interest is compounded, if applicable, and charged.) (Indicate the APR, if it differs from the Annual Percentage Rate annual interest rate, and provide a brief description of how it is determined.) Term (Indicate the number of months or years of the term of the loan and whether the term is open or closed, and provide a brief explanation of what “open” or “closed”, as applicable, means.) Date of Advance (Indicate the date on which the principal amount of the loan is to be advanced and the date on which interest is to begin to be charged.) Payments (Indicate the amount of each payment and the date on which each payment is due and provide a brief description of the components of a payment and the frequency of the payments.) Amortization Period (Indicate the number of months or years of the amortization period, if that period is different from the term of the loan.) Prepayment Privilege (Provide a brief description of the conditions under which a borrower may repay a greater portion of the loan than required in any given period without incurring penalty charges for the prepayment of the loan, if applicable.) Prepayment Charges (Indicate the amount of the penalty charges, if any, for prepayment of the loan or provide a brief explanation of the manner in which the penalty charges are calculated.) Default Insurance (Indicate the amount of charges for insurance against default on a highratio mortgage or hypothec, if any.) Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) Other Fees (Provide a list of the types and amounts of any other charges, other than interest charges.) SOR/2009-259, s. 9. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) SCHEDULE 2 ((Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) Principal Amount (Indicate the principal amount of the loan.) Annual Interest Rate (Indicate the annual interest rate that applies on the date of the disclosure statement and provide a brief description of how the interest is compounded, if applicable, and charged.) Determination of (Provide a brief description of the method for determining the annual Interest interest rate and the date that the determination is made.) (Indicate the APR, if it differs from the Annual Percentage Rate annual interest rate, and provide a brief description of how it is determined.) Term (Indicate the number of months or years of the term of the loan, and whether it is open or closed, and provide a brief explanation of what “open” or “closed”, as applicable, means.) Date of Advance (Indicate the date on which the principal amount of the loan is to be advanced and the date on which interest is to begin to be charged.) Payments (Indicate the amount of each payment, based on the annual interest rate that applies on the date of the disclosure statement, and the date on which each payment is due and provide a brief description of the components of a payment and the frequency of the payments.) Amortization Period (Indicate the number of months or years of the amortization period, if that period is different from the term of the loan.) Prepayment Privilege (Provide a brief description of the conditions under which a borrower may repay a greater portion of the loan than required in any given period without incurring penalty charges for the prepayment of the loan, if applicable.) Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) Prepayment Charges (Indicate the amount of the penalty charges, if any, for prepayment of the loan or provide a brief explanation of the manner in which the penalty charges are calculated.) Default Insurance (Indicate the amount of charges for insurance against default on a highratio mortgage or hypothec, if any.) Other Fees (Provide a list of the types and amounts of any other charges, other than interest charges.) SOR/2009-259, s. 9. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 3 Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) SCHEDULE 3 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) Initial Credit Limit (Indicate the initial credit limit, if it is known on the date of the disclosure statement.) Annual Interest Rate (Indicate the applicable annual interest rate and, if it is a variable rate, provide a brief description of the method for determining it.) Date from which (Indicate the date on and after which interest accrues and provide Interest Is information respecting the grace Charged period or, if no grace period applies, an indication to that effect.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-259, s. 9. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 4 Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) SCHEDULE 4 (Subsections 6(2.1) and (2.2) and 11(2)) Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) Annual Interest Rate (Indicate the applicable annual interest rate or, if it is a variable rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the name of the public index and the fixed percentage rate to be added to or subtracted from that index and the date on which that rate takes effect.) Interest-free Grace Period (Indicate the length of the interest-free grace period in days, if any, and the circumstances in which it applies or, if no interest-free grace period applies, an indication to that effect.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-259, s. 9. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations SCHEDULE 5 Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) SCHEDULE 5 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) Initial Credit Limit (Indicate the initial credit limit, if it is known on the date of the disclosure statement.) Annual Interest Rate (Indicate the applicable annual interest rate or, if it is a variable rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the name of the public index and the fixed percentage rate to be added to or subtracted from that index and the date on which that rate takes effect.) Interest-free Grace Period (Indicate the length of the interest-free grace period in days, if any, and the circumstances in which it applies or, if no interest-free grace period applies, an indication to that effect.) Determination of Interest (Provide a brief description of the manner in which interest is calculated and the date on which that calculation is made.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-259, s. 9. Current to June 20, 2022 Last amended on March 16, 2020 Cost of Borrowing (Authorized Foreign Banks) Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2021-181, par. 122 (k) 122 The following Regulations are repealed: (k) the Cost of Borrowing (Authorized Foreign Banks) Regulations22; SOR/2002-262 Current to June 20, 2022 Last amended on March 16, 2020

CONSOLIDATION Canada Cycle and Motor Company Limited Enterprise Development Regulations SOR/78-415 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 Regulations Respecting Enterprise Development Program Assistance to Canada Cycle and Motor Company 1 Short Title Interpretation Special Insurance Fee Arrangements Current to June 20, 2022 ii Registration SOR/78-415 May 4, 1978 APPROPRIATION ACT NO. 3, 1977 APPROPRIATION ACTS Canada Cycle and Motor Company Enterprise Development Regulations P.C. 1978-1392 Limited April 27, 1978 His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Trade and Commerce and the Treasury Board, pursuant to section 7 of the Department of Industry, Trade and Commerce Act and Vote 1, Vote L25 and Vote L30 of Appropriation Act No. 3, 1977, is pleased hereby to make the annexed Regulations respecting Enterprise Development Program Assistance to Canada Cycle and Motor Company. Current to June 20, 2022 Regulations Respecting Enterprise Development Program Assistance to Canada Cycle and Motor Company Short Title 1 These Regulations may be cited as the Canada Cycle and Motor Company Limited Enterprise Development Regulations. Interpretation 2 In these Regulations, all words and expressions have the same meaning as in the Enterprise Development Regulations. Special Insurance Fee Arrangements 3 Notwithstanding subsection 37(2) of the Enterprise Development Regulations, the insurance fee payable by a private lender in respect of loans not exceeding twelve million dollars in the aggregate to Canada Cycle and Motor Company Limited shall be paid in advance to the Board in semi-annual instalments except that insurance fees payable during the period from March 31, 1978 to September 30, 1979 shall be paid in six semi-annual instalments commencing March 15, 1980. Current to June 20, 2022

CONSOLIDATION Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order SI/2021-20 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 Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order Definition of passport Remission Current to June 20, 2022 ii Registration SI/2021-20 May 26, 2021 FINANCIAL ADMINISTRATION ACT Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order P.C. 2021-396 May 14, 2021 His Excellency the Administrator of the Government of Canada in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order Definition of passport 1 In this Order, passport has the same meaning as in section 2 of the Canadian Passport Order. Remission 2 (1) Remission is granted to any person who meets the conditions set out in subsection (2) of fees paid or payable under paragraphs 7(a) to (c) and item 14 of the schedule to the Passport and Other Travel Document Services Fees Regulations or under section 4 of the Consular Services Fees Regulations. Conditions (2) The conditions are the following: (a) at some time during the period beginning on July 7 and ending on September 15, 2017, the person was in, or had their residence in, an area affected by a forest fire originating in British Columbia; (b) a passport that was issued to that person was, while it was valid, lost, damaged, destroyed or rendered inaccessible as a result of the forest fire referred to in paragraph (a); (c) during the period beginning on July 7, 2017, and ending on January 6, 2018, that person, or a person acting on their behalf, made an application for a passport with the same expiry date as the passport referred to in paragraph (b), in accordance with the Canadian Passport Order; (d) that person, or the person acting on their behalf, included with the application for a passport a declaration made by that person or the person acting on their behalf that states that the passport was lost, damaged, destroyed or rendered inaccessible as a result of the forest fire referred to in paragraph (a) and (i) proof that, at the time that the passport was lost, damaged, destroyed or rendered inaccessible, that person was a resident of an area referred to in paragraph (a), or (ii) a declaration made by that person or the person acting on their behalf that states that, at the time that the passport was lost, damaged, destroyed or Current to June 20, 2022 Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order Section 2 rendered inaccessible, that person was in the area referred to in paragraph (a); and (e) the fees in question have not been remitted under section 11 of the Passport and Other Travel Document Services Fees Regulations. Current to June 20, 2022

CONSOLIDATION Canadian Manufactured Goods Exported Drawback Regulations SOR/78-373 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 Regulations Respecting Drawback of Customs Duty, Sales and Excise Taxes Paid in Respect of Certain Goods Manufactured or Produced in Canada and Exported 1 Short Title Interpretation General SCHEDULE Current to June 20, 2022 ii Registration SOR/78-373 April 24, 1978 CUSTOMS ACT EXCISE TAX ACT Canadian Manufactured Goods Exported Drawback Regulations P.C. 1978-1311 April 20, 1978 His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to sections 275 and 276 of the Customs Act and subsection 44(8) of the Excise Tax Act, is pleased hereby to revoke the Canadian Manufactured Goods Exported Drawback Regulations made by Order in Council P.C. 1973-120 of 16th January, 19731, as amended2, and to make the annexed Regulations respecting drawback of Customs duties and Excise taxes paid in respect of certain goods manufactured or produced in Canada and exported. SOR/73-52, Canada Gazette Part II, Vol. 107, No. 3, February 14, 1973 2 SOR/77-388, Canada Gazette Part II, Vol. 111, No. 10, May 25, 1977 Current to June 20, 2022 Regulations Respecting Drawback of Customs Duty, Sales and Excise Taxes Paid in Respect of Certain Goods Manufactured or Produced in Canada and Exported Short Title 1 These Regulations may be cited as the Canadian Manufactured Goods Exported Drawback Regulations. Interpretation 2 In these Regulations, Minister means the Minister of National Revenue. General 3 Subject to these Regulations, the Minister shall authorize the payment to the exporter, manufacturer or producer of goods as exported of a drawback of the customs duty, sales and excise taxes paid on or in respect of (a) imported parts and materials used in, wrought into or attached to goods manufactured or produced in Canada and exported therefrom; (b) imported materials, other than fuel or plant equipment, directly consumed in the manufacture or production of goods exported; and (c) imported parts and materials in a quantity sufficient to manufacture or produce the goods exported, where those imported parts and materials were used in the plant manufacturing or producing the goods exported during the twelve month period immediately preceding the manufacture or production of such goods and (i) domestic parts and materials of the same class as those imported and that are so similar that they could be used interchangeably in the manufacture or production of goods are used in, wrought into or attached to, the goods exported, or (ii) domestic materials, other than fuel or plant equipment, of the same class as those imported and that are so similar that they could be used interchangeably in the manufacture or production of Current to June 20, 2022 Canadian Manufactured Goods Exported Drawback Regulations General Sections 3-6 goods are directly consumed in the manufacture or production of the goods exported. SOR/81-695, s. 2. 4 Where any imported parts and materials enter a process of manufacture that results in the production of a by-product, the drawback payable in respect of those parts and materials shall be reduced by the same proportion that the value of the by-product bears to the total value of all production from the parts and materials. 5 (1) Where any imported parts and materials enter a process of manufacture that results in the production of merchantable scrap or waste, the drawback payable in respect of those parts and materials shall be reduced by a sum to be arrived at by applying to the Canadian sales value of the merchantable scrap or waste the prevailing rate of customs duty on merchantable scrap or waste of the same kind when imported as such. (2) Notwithstanding subsection (1), no reduction referred to therein shall be calculated on a higher rate of customs duty than was paid on the imported parts and materials from the manufacture of which the scrap or waste resulted. 6 (1) A claim for drawback shall (a) be made in such form as the Minister may prescribe; (b) be accompanied by waivers from any other person who, pursuant to these Regulations, would be entitled to claim a drawback; (c) subject to subsection (2), be accompanied by (i) [Revoked, SOR/85-299, s. 1] (ii) a copy of any bill of lading, (iii) a copy of any sales invoice, (iv) any Certificate of Importation, Sale or Transfer, (v) any Certificate of Sale for Exportation, and (vi) a list of import entries, relating to the claim; and Current to June 20, 2022 Canadian Manufactured Goods Exported Drawback Regulations General Sections 6-9 (d) be filed at a customs office subsequent to the exportation of the goods referred to in the claim. (2) A claim for drawback need not be accompanied by a document required by paragraph (1)(c) if the document is not available and information equivalent to the information that would be shown on the document is included with the claim. SOR/85-299, s. 1. 7 (1) No payment shall be made in respect of any claim for drawback unless the customs duty and sales and excise taxes on the parts and materials in respect of which the claim is made were paid within the four year period immediately preceding the date on which the claim was filed. (2) Subsection (1) applies to all customs duties and sales and excise taxes paid on or after April 1, 1981. SOR/81-695, s. 3; SOR/85-299, s. 2. 8 (1) Subject to subsection (2), there shall be deducted from the drawback otherwise payable under section 3 the amount of anti-dumping duty paid or payable in respect of goods described in the schedule. (2) Subsection (1) applies only if the initial documents for entry for consumption were delivered to the collector (a) on or after October 13, 1976, in the case of the goods described in item 1 of the schedule; (b) on or after April 22, 1977, in the case of the goods described in item 2 of the schedule; or (c) on or after April 1, 1984, in the case of goods described in item 3 of the schedule. SOR/84-269, s. 1. 9 No payment of drawback in respect of goods exported referred to in section 3 shall be made where those goods were used for any purpose subsequent to manufacture or production and prior to export. Current to June 20, 2022 Canadian Manufactured Goods Exported Drawback Regulations SCHEDULE SCHEDULE 1 Single row tapered roller bearings of an outside diameter not exceeding 6.625 inches and parts thereof originating in Japan. 2 Fabrics woven from slit-film tapes of polyethylene resin (a) uncoated, or (b) coated or laminated on one or both sides with polyethylene film and originating in Japan. 3 Mold steel originating in or exported from the Federal Republic of Germany. SOR/84-269, s. 2. Current to June 20, 2022

CONSOLIDATION Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order SI/2021-21 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 Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order Interpretation 1 Definition of refugee travel document Remission and Conditions 2 Remission Conditions Current to June 20, 2022 ii Registration SI/2021-21 May 26, 2021 FINANCIAL ADMINISTRATION ACT Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order P.C. 2021-397 May 14, 2021 His Excellency the Administrator of the Government of Canada in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order Interpretation Definition of refugee travel document 1 In this Order, refugee travel document means a travel document issued under the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951 and the Protocol to that Convention, signed at New York on January 31, 1967. Remission and Conditions Remission 2 Remission is granted to any person who meets the conditions set out in section 3 of the fees paid or payable under (a) subsection 2(1) of the Passport and Other Travel Document Services Fees Regulations and items 1 to 10 and item 14 of the schedule to those Regulations in respect of the issuance or replacement of a passport, certificate of identity, refugee travel document or emergency travel document; (b) section 4 of the Consular Services Fees Regulations for the issuance of a travel document; (c) subsection 31(1) of the Citizenship Regulations and item 6 of the schedule to those Regulations for an application for a certificate of citizenship; (d) subsection 294.1(1) of the Immigration and Refugee Protection Regulations for the processing of an application for an electronic travel authorization; and (e) subsections 308(1) and (2) and section 315 of the Immigration and Refugee Protection Regulations for the processing of an application for a permanent resident card or permanent resident travel document. Current to June 20, 2022 Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order Remission and Conditions Section 3 Conditions 3 The remission is granted on the following conditions: (a) during the period beginning on January 10, 2020 and ending on June 30, 2020, the person, or a person acting on their behalf, made an application for a passport, certificate of identity, refugee travel document, emergency travel document, certificate of citizenship, electronic travel authorization, permanent resident card or permanent resident travel document; (b) that person, or the person acting on their behalf, included with the application a declaration that the person is a family member of a victim of the January 8, 2020 crash of Ukraine International Airlines Flight PS752 and was required to travel to Canada or abroad to attend to the personal affairs of the victim or to provide support to the family of the victim; and (c) the fees in question have not been remitted under section 11 of the Passport and Other Travel Document Services Fees Regulations. Current to June 20, 2022

CONSOLIDATION Chilliwack Airport Zoning Regulations C.R.C., c. 80 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 Regulations Respecting Zoning at Chilliwack Airport Short Title Interpretation Application General Natural Growth SCHEDULE Current to June 20, 2022 ii CHAPTER 80 AERONAUTICS ACT Chilliwack Airport Zoning Regulations Regulations Respecting Zoning at Chilliwack Airport Short Title 1 These Regulations may be cited as the Chilliwack Airport Zoning Regulations. Interpretation 2 In these Regulations, airport means Chilliwack Airport, Township of Chilliwack, in the Province of British Columbia; (aéroport) airport reference point means the point determined in the manner set out in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part II of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) strip means the rectangular portion of the landing area of the airport including the runway prepared for the takeoff and landing of aircraft in a particular direction, which strip is more particularly described in Part III of the schedule; (bande) transitional surface means an imaginary inclined plane extending upward and outward from the lateral limits of the strip and its approach surfaces, which transitional surface is more particularly described in Part IV of the schedule. (surface de transition) 3 For the purposes of these Regulations, the airport reference point is deemed to be 27 feet above sea level. Current to June 20, 2022 Chilliwack Airport Zoning Regulations Application Sections 4-7 Application 4 These Regulations apply to all the lands and lands under water, including public road allowances, adjacent to or in the vicinity of the airport that are situated vertically beneath the approach surfaces and the transitional surfaces, other than such lands as from time to time form part of the airport. General 5 No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely (a) the approach surfaces; or (b) the transitional surfaces. Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in section 5, the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth. SOR/81-169, s. 1. 7 [Revoked, SOR/81-169, s. 1] Current to June 20, 2022 Chilliwack Airport Zoning Regulations SCHEDULE SCHEDULE (Section 2) PART I Airport Reference Point Being a point five hundred (500) feet measured northerly at right angles from a point on the centre line of runway 07-25 distant one thousand (1,000) feet measured easterly along that centre line from the westerly end of that runway. PART II Description of Each Approach Surface Being a surface abutting each end of the strip associated with runway 07-25 and more particularly described as follows: (a) a surface abutting the end of the strip associated with runway approach 07 consisting of an inclined plane having a ratio of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, two hundred and fifty (250) feet measured vertically above the elevation at the end of the strip and distant ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being fourteen hundred (1,400) feet from the projected centre line, and (b) a surface abutting the end of the strip associated with runway approach 25 consisting of an inclined plane having a ratio of one (1) foot measured vertically to forty (40) feet measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip two hundred and fifty (250) feet measured vertically above the elevation at the end of the strip and distant ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being fourteen hundred (1,400) feet from the projected centre line, which approach surfaces are shown outlined blue on Department of Transport Plan B.C. 1123, dated December 10, 1975. PART III Description of Strip The strip associated with runway 07-25 is three hundred (300) feet in width, one hundred and fifty (150) feet being on each side of the centre line of the runway, and four thousand four Current to June 20, 2022 Chilliwack Airport Zoning Regulations SCHEDULE hundred (4,400) feet in length, which strip is shown outlined green on Department of Transport Plan B.C. 1123, dated December 10, 1975. PART IV Description of Each Transitional Surface Being a surface consisting of an inclined plane rising at a ratio of one (1) foot measured vertically to seven (7) feet measured horizontally at right angles to the centre line and centre line produced of the strip, extending upward and outward from the lateral limits of the strip and its approach surfaces to an elevation of one hundred and fifty (150) feet, measured vertically above the assigned elevation of the airport reference point, which transitional surface is shown outlined red on Department of Transport Plan B.C. 1123, dated December 10, 1975. Current to June 20, 2022

CONSOLIDATION Canada Gazette (1978) Special Issue Regulations SOR/79-613 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 Regulations Respecting a Special Issue of Part II of the Canada Gazette To Be Published in Conjunction with the Consolidated Regulations of Canada, 1978 1 Short Title Interpretation Free Delivery Sale SCHEDULE I SCHEDULE II SCHEDULE III Current to June 20, 2022 ii Registration SOR/79-613 August 20, 1979 STATUTORY INSTRUMENTS ACT Canada Gazette (1978) Special Issue Regulations P.C. 1979-2183 August 16, 1979 His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 13(2) and paragraph 27(m) of the Statutory Instruments Act, is pleased hereby to make the annexed Regulations respecting a special issue of Part II of the Canada Gazette to be published in conjunction with the Consolidated Regulations of Canada, 1978. Current to June 20, 2022 Regulations Respecting a Special Issue of Part II of the Canada Gazette To Be Published in Conjunction with the Consolidated Regulations of Canada, 1978 Short Title 1 These Regulations may be cited as the Canada Gazette (1978) Special Issue Regulations. Interpretation 2 In these Regulations, special issue means the issue of Part II of the Canada Gazette to be published in conjunction with the Consolidated Regulations of Canada, 1978, on the order of the Clerk of the Privy Council, made pursuant to section 13 of the Statutory Instruments Regulations. Free Delivery 3 Notwithstanding subsection 18(2) of the Statutory Instruments Regulations, a copy of the special issue shall be delivered without charge (a) to the persons for the time being holding the offices specified in Schedule I; (b) to the persons for the time being holding the offices specified in Schedule II for the use of those persons while holding those offices; and (c) on request, to the persons for the time being holding the offices or performing the functions specified in Schedule III for the use of those persons while holding those offices or performing those functions. Sale 4 Notwithstanding section 19 of the Statutory Instruments Regulations, a copy of each volume of the special issue may be sold to any person on payment of the sum of $34.50. Current to June 20, 2022 Canada Gazette (1978) Special Issue Regulations SCHEDULE I SCHEDULE I (Section 3) The Governor General of Canada The Prime Minister of Canada The Speaker of the Senate The Speaker of the House of Commons The President of the Privy Council The Minister of Justice The Leader of the Opposition in the Senate The Leader of the Opposition in the House of Commons The Chief Justice of Canada The Chief Justice of the Federal Court of Canada The Associate Chief Justice of the Federal Court of Canada The Clerk of the Privy Council The Deputy Minister of Justice The Assistant Clerk of the Privy Council The Registrar of Statutory Instruments The members of the Statute Revision Commission The Chairman or each of the Co-Chairmen, as the case may be, of any Committee established under section 26 of the Statutory Instruments Act SOR/80-593, s. 1. Current to June 20, 2022 Canada Gazette (1978) Special Issue Regulations SCHEDULE II SCHEDULE II (Section 3) Each member of the judiciary of Canada including provincial court judges and magistrates Each Attorney General, Minister of Justice and Solicitor General of the governments of the provinces Each Deputy Attorney General, Deputy Minister of Justice and Deputy Solicitor General of the governments of the provinces The Parliamentary Librarian The Librarian and Archivist of Canada The chief librarian of the United Nations The chief librarian of each provincial legislature and of each territorial council The chief librarian of each law school in Canada The chief librarian of each court house in Canada 2004, c. 11, s. 52. Current to June 20, 2022 Canada Gazette (1978) Special Issue Regulations SCHEDULE III SCHEDULE III (Section 3) Each member of Parliament Each official of the Senate and of the House of Commons who is directly concerned with the administration or review and scrutinizing of the federal regulations The chief librarian of each university in Canada The chief librarian of each public library in Canada Members of the government of any country, officials of the legislatures thereof and universities and other institutions therein, if reciprocal arrangements exist for similar distribution without charge in Canada of government publications of that country Current to June 20, 2022

CONSOLIDATION Cost of Borrowing (Retail Associations) Regulations SOR/2002-263 Current to June 20, 2022 Last amended on June 14, 2016 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. The last amendments came into force on June 14, 2016. 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 Last amended on June 14, 2016 TABLE OF PROVISIONS Cost of Borrowing (Retail Associations) Regulations Interpretation Application Cost of Borrowing Calculation Annual Interest Rate Included and Excluded Charges Disclosure — General Manner Timing of Initial Disclosure Disclosure — Content Fixed Interest Loans for a Fixed Amount Variable Interest Loans for a Fixed Amount Lines of Credit Credit Card Applications Credit Cards Changes in Circumstances Amendments to Credit Agreements Renewals of Mortgages or Hypothecs Waiver of Payments Current to June 20, 2022 Last amended on June 14, 2016 ii Cost of Borrowing (Retail Associations) Regulations TABLE OF PROVISIONS Cancellation of Optional Services Prepayment of Loans Default Charges Advertising Loans for a Fixed Amount Lines of Credit Credit Cards Interest-free Periods Transitional Coming into Force SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) SCHEDULE 3 Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) SCHEDULE 4 Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) Current to June 20, 2022 Last amended on June 14, 2016 iv Cost of Borrowing (Retail Associations) Regulations TABLE OF PROVISIONS SCHEDULE 5 Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) Current to June 20, 2022 Last amended on June 14, 2016 v Registration SOR/2002-263 July 17, 2002 COOPERATIVE CREDIT ASSOCIATIONS ACT Cost of Borrowing (Retail Associations) Regulations P.C. 2002-1244 July 17, 2002 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 385.14 to 385.23a, and 463b of the Cooperative Credit Associations Actc, hereby makes the annexed Cost of Borrowing (Retail Associations) Regulations. a S.C. 2001, c. 9, s. 313 b S.C. 2001, c. 9, s. 339 c S.C. 1991, c. 48 Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Cooperative Credit Associations Act. (Loi) APR means the cost of borrowing for a loan under a credit agreement expressed as an annual rate on the principal referred to in subsection 3(1). (TAC) borrower includes a person to whom a loan is proposed to be made and a holder, or an applicant to become a holder, of a credit card. (emprunteur) credit agreement includes an agreement for a line of credit, a credit card or any kind of loan. (convention de crédit) disbursement charge means a charge, other than one referred to in subsection 5(1), to recover an expense incurred by a retail association to arrange, document, insure or secure a credit agreement. It includes a charge referred to in paragraphs 5(2)(c) and (f) to (h). (frais de débours) hypothec means a hypothec on immovable property. (hypothèque) principal means the amount borrowed under a credit agreement but does not include any cost of borrowing. (capital) public index means an interest rate, or a variable base rate for an interest rate, that is published at least weekly in a newspaper or magazine of general circulation, or in some media of general circulation or distribution, in areas where borrowers whose credit agreements are governed by that interest rate reside. (indice publié) Application 2 These Regulations apply to credit agreements, other than a credit agreement entered into (a) for business purposes of a borrower; (b) with a borrower that is not a natural person; Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Application Sections 2-3 (c) under the terms of the Canada Student Loans Act; or (d) under the terms of any Act of Parliament or of the legislature of a province that relates to student loans and that requires the rate of interest or the discount that may apply to the borrower to be disclosed to the borrower. SOR/2009-261, s. 1. Cost of Borrowing Calculation 3 (1) For the purpose of section 385.17 of the Act, the cost of borrowing for a loan under a credit agreement, other than a loan obtained through the use of a credit card or line of credit, is to be expressed as an annual rate on the principal, as follows: APR = (C / (T × P)) × 100 where APR is the annual percentage rate cost of borrowing; C is an amount that represents the cost of borrowing within the meaning of section 5 over the term of the loan; P is the average of the principal of the loan outstanding at the end of each period for the calculation of interest under the credit agreement, before subtracting any payment that is due at that time; and T is the term of the loan in years, expressed to at least two decimal points of significance. (2) For the purpose of the APR calculation under subsection (1), (a) the APR may be rounded off to the nearest eighth of a per cent; (b) each instalment payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (c) a period of (i) one month is 1/12 of a year, (ii) one week is 1/52 of a year, and (iii) one day is 1/365 of a year; Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Cost of Borrowing Calculation Sections 3-5 (d) if the annual interest rate underlying the calculation is variable over the period of the loan, it must be set as the annual interest rate that applies on the day that the calculation is made; (e) if there are no instalment payments under a credit agreement, then the APR must be calculated on the basis that the outstanding principal is to be repaid in one lump sum at the end of the term of the loan; and (f) a credit agreement for an amount that comprises, in whole or in part, an outstanding balance from a prior credit agreement is a new credit agreement for the purpose of the calculation. (3) For the purpose of section 385.17 of the Act, the cost of borrowing for a loan obtained under a credit card agreement or line of credit is to be expressed as an annual rate, as follows: (a) if the loan has a fixed annual interest rate, that annual interest rate; or (b) if the loan has a variable interest rate, the annual interest rate that applies on the date of the disclosure. Annual Interest Rate 4 The APR for a credit agreement is the annual interest rate if there is no cost of borrowing other than interest. Included and Excluded Charges 5 (1) Subject to subsection (2), the cost of borrowing for a loan under a credit agreement, other than an agreement for a credit card or line of credit, consists of all the costs of borrowing under the loan over its term, in particular the interest or discount that applies to the loan in accordance with section 385.14 of the Act, and including the following charges: (a) administrative charges, including charges for services, transactions or any other activity in relation to the loan; (b) charges for the services, or disbursements, of a lawyer or notary that a retail association required the borrower to retain; (c) insurance charges other than those excluded under paragraphs (2)(a), (f) and (h); Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Cost of Borrowing Included and Excluded Charges Section 5 (d) charges for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the retail association to the broker; and (e) charges for appraisal, inspection or surveying services, other than those mentioned in paragraph (2)(g), related to property that is security for a loan, if those services are required by the retail association. (2) The cost of borrowing for a loan does not include (a) charges for insurance on the loan if (i) the insurance is optional, or (ii) the borrower is its beneficiary and the amount insured reflects the value of an asset that is security for the loan; (b) charges for an overdraft; (c) fees paid to register documents or obtain information from a public registry about security interests related to property given as security; (d) penalty charges for the prepayment of a loan; (e) charges for the services, or disbursements, of a lawyer or notary, other than those mentioned in paragraph (1)(b); (f) charges for insurance against defects in title to real or immovable property, if the insurance is paid for directly by the borrower; (g) charges for appraisal, inspection or surveying services provided directly to the borrower in relation to property that is security for a loan; (h) charges for insurance against default on a high-ratio mortgage or hypothec; (i) fees to maintain a tax account that are (i) required for a mortgage or hypothec referred to in paragraph (h), or (ii) optional; (j) any fee to discharge a security interest; or (k) default charges. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Cost of Borrowing Included and Excluded Charges Sections 5-6 Disclosure — General Manner 6 (1) For the purpose of subsection 385.16(1) of the Act, a retail association that grants credit must, in writing, provide the borrower with a disclosure statement that provides the information required by these Regulations to be disclosed. (2) A disclosure statement may be a separate document or may be part of a credit agreement or an application for a credit agreement. (2.1) For a disclosure statement that is part of a credit agreement in respect of a loan, a line of credit or a credit card or an application for a credit card, (a) the disclosure statement must be presented in a consolidated manner in a single location in that agreement or application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the agreement or application. (2.2) For a disclosure statement that is separate from the credit agreement or the application, (a) the disclosure statement must be provided before entering into the agreement or together with the agreement or the application; and (b) the applicable information box, as set out in one of Schedules 1 to 5, containing the information referred to in that Schedule, must be presented at the beginning of the disclosure statement. (2.3) Numbers that are set out in the information box, including numbers that refer to an interest rate, a time period, a date or a dollar amount, are not required to be repeated in the disclosure statement but may instead be referenced in it. (2.4) In order to maximize its legibility, the information in the information box must be presented with (a) text in an easily readable font style and font size of at least Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — General Manner Sections 6-6.1 (i) 12 points, with bold font for titles and numbers, including numbers that refer to an interest rate, a time period, a date or a dollar amount, and (ii) 10 points for any other text; (b) standard spacing between words and characters, such that the text does not appear to be in a font smaller than a 10-point font; (c) sufficient margins above, below and to either side of the text such that sufficient white space is provided around the text; and (d) dark text on a light background in order to maximize the contrast so that the text is clearly visible. (3) Information disclosed in a disclosure statement may be based on an assumption or estimate if the assumption or estimate is reasonable and the information disclosed by it (a) cannot be known by the retail association when it makes the statement; and (b) is identified to the borrower as an assumption or estimate. (4) Any disclosure that is required to be made by a retail association under these Regulations must be made in language, and presented in a manner, that is clear, simple and not misleading. (5) [Repealed, SOR/2009-261, s. 2] (6) A disclosure statement that is sent to the borrower by mail is considered to be provided to the borrower on the fifth business day after the postmark date. SOR/2009-261, s. 2; SOR/2014-273, s. 19(F). 6.1 (1) Subject to subsections (2) and (3), if a retail association enters into a credit agreement with two or more borrowers, it must provide the disclosure statement referred to in subsection 6(1) to all of the borrowers. (2) If all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement to one of the borrowers on their behalf, the retail association must provide the statement to that borrower. (3) If two or more but not all of the borrowers have consented, orally or in writing, in paper or electronic form, to the provision of the disclosure statement on their behalf to one of the consenting borrowers, the retail association may provide the statement to that borrower on Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — General Manner Sections 6.1-8 their behalf, if it also provides the statement to every borrower that has not so consented. (4) If the consent referred to in subsection (2) or (3) is given orally by a borrower, the retail association must, without delay, provide confirmation of that consent to the borrower in writing, in paper or electronic form. SOR/2009-261, s. 3. Timing of Initial Disclosure 7 (1) A retail association that proposes to enter into a credit agreement with a borrower must provide the borrower with the initial disclosure statement required by these Regulations on or before the earlier of the making of a payment, other than a disbursement charge, in relation to the credit agreement by the borrower and (a) two clear business days before the entering into the credit agreement by the borrower and the retail association, in the case of a credit agreement for a mortgage or hypothec; or (b) the entering into the credit agreement by the borrower and the retail association, in any other case. (2) Paragraph (1)(a) does not apply if (a) the borrower consents to being provided with the initial disclosure statement for the credit agreement in accordance with paragraph (1)(b); (b) the borrower obtains independent legal advice; (c) a rescission period of at least two clear business days is provided in the credit agreement; or (d) favourable terms, such as imposing no penalty or fee for early payment, are provided in the credit agreement. SOR/2009-261, s. 4; SOR/2014-273, s. 20(F); SOR/2016-142, s. 12. Disclosure — Content Fixed Interest Loans for a Fixed Amount 8 (1) A retail association that enters into a credit agreement for a loan for a fixed interest rate for a fixed Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Fixed Interest Loans for a Fixed Amount Section 8 amount, to be repaid on a fixed future date or by instalment payments, must provide the borrower with an initial disclosure statement that includes the following information: (a) the principal amount of the loan; (b) the amount of the advance, or any advances, of the principal and when it is, or they are, to be made; (c) the total amount of all payments; (d) the cost of borrowing over the term of the loan, expressed as an amount; (e) the term of the loan, and the period of amortization if different from the term; (f) the annual interest rate and the circumstances under which it is compounded, if any; (g) the APR, when it differs from the annual interest rate; (h) the date on and after which interest is charged and information concerning any period during which interest does not accrue; (i) the amount of each payment and when it is due; (j) the fact that each payment made on a loan must be applied first to the accumulated cost of borrowing and then to the outstanding principal; (k) information about any optional service in relation to the credit agreement that the borrower accepts, the charges for each optional service and the conditions under which the borrower may cancel the service if that information is not disclosed in a separate statement before the optional service is provided; (l) the disclosure required by paragraph 385.18(1)(a) of the Act, including a description of any components that comprise a formula to calculate a rebate, charge or penalty in the event that the borrower exercises the right to repay the amount borrowed before the maturity of the loan and, if section 17 applies, the formula set out in subsection 17(4); (m) the disclosure required by paragraph 385.18(1)(b) of the Act, including default charges that may be imposed under section 18; (n) the property, if any, over which the retail association takes a security interest under the credit agreement; Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Fixed Interest Loans for a Fixed Amount Sections 8-9 (o) any charge for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the retail association to the broker; (p) the existence of a fee to discharge a security interest and the amount of the fee on the day that the statement was provided; and (q) the nature and amount of any other charge, other than interest charges. (2) If the missing of a scheduled instalment payment or the imposition of a default charge for a missed scheduled instalment payment increases the outstanding balance of a loan referred to in subsection (1) with the result that each subsequently scheduled instalment payment does not cover the interest accrued during the period for which it was scheduled, the retail association must, at most 30 days after the missed payment or the imposition of the default charge, provide the borrower with a subsequent disclosure statement that describes the situation and its consequences. Variable Interest Loans for a Fixed Amount 9 (1) A retail association that enters into a credit agreement for a loan with a variable interest rate for a fixed amount, to be repaid on a fixed future date or by instalment payments, must provide an initial disclosure statement that includes the following information in addition to that required by section 8: (a) the annual rate of interest that applies on the date of the disclosure; (b) the method for determining the annual interest rate and when that determination is made; (c) the amount of each payment based on the annual interest rate that applies on the date of the disclosure and the dates when those payments are due; (d) the total amount of all payments and of the cost of borrowing based on that annual interest rate; (e) if the loan is to be paid by instalment payments and the amount to be paid is not adjusted automatically to reflect changes in the annual interest rate that apply to each instalment payment, (i) the triggering annual interest rate above which the amount paid under a scheduled instalment payment on the initial principal does not cover the interest due on the instalment payment, and Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Variable Interest Loans for a Fixed Amount Sections 9-10 (ii) the fact that negative amortization is possible; and (f) if the loan does not have regularly scheduled payments, (i) the conditions that must occur for the entire outstanding balance, or part of it, to become due, or (ii) which provisions of the credit agreement set out those conditions. (2) If the variable interest rate for the loan is determined by adding or subtracting a fixed percentage rate of interest to or from a public index that is a variable rate, the retail association must, at least once every 12 months, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the annual interest rate at the beginning and end of the period covered by the disclosure; (b) the outstanding balance at the beginning and end of the period covered by the disclosure; and (c) the amount of each instalment payment due under a payment schedule and the time when each payment is due, based on the annual interest rate that applies at the end of the period covered by the disclosure. (3) If the variable interest rate for the loan is determined by a method other than that referred to in subsection (2), the retail association must, at most 30 days after increasing the annual interest rate by more than 1% above the most recently disclosed rate, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the new annual interest rate and the date on which it takes effect; and (b) the amount of each instalment payment and the time when each payment is due, for payments that are affected by the new annual interest rate. Lines of Credit 10 (1) A retail association that enters into a credit agreement for a line of credit must provide the borrower with an initial disclosure statement that includes the following information: (a) the initial credit limit, if it is known at the time the disclosure is made; (b) the annual interest rate, or the method for determining it if it is variable; Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Lines of Credit Section 10 (c) the nature and amounts of any non-interest charges; (d) the minimum payment during each payment period or the method for determining it; (e) each period for which a statement of account is to be provided; (f) the date on and after which interest accrues and information concerning any grace period that applies; (g) the particulars of the charges or penalties referred to in paragraph 385.18(1)(b) of the Act, including default charges that may be imposed under section 18 of these Regulations; (h) the property, if any, over which the retail association takes a security interest under the credit agreement; (i) information about any optional service in relation to the credit agreement that the borrower accepts, the charges for each optional service and the conditions under which the borrower may cancel the service if that information is not disclosed in a separate statement before the optional service is provided; (j) a local or toll-free telephone number, or a telephone number with a prominent indication that collect calls are accepted, that the borrower may use to get information about the account during the retail association’s regular business hours; and (k) any charge for a broker, if the broker’s fees are included in the amount borrowed and are paid directly by the retail association to the broker. (2) If the initial credit limit is not known when the initial disclosure statement is made, the retail association must disclose it in (a) the first statement of account provided to the borrower; or (b) a separate statement that the borrower receives on or before the date on which the borrower receives that first statement of account. (3) Subject to subsections (4) and (5), the retail association must, at least once a month, provide the borrower with a subsequent disclosure statement that contains the following information: (a) the period covered and the opening and closing balances in the period; Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Lines of Credit Sections 10-11 (b) an itemized statement of account that discloses each amount credited or charged, including interest, and the dates when those amounts were posted to the account; (c) the sum for payments and the sum for credit advances and non-interest and interest charges; (d) the annual interest rate that applied on each day in the period and the total of interest charged under those rates in the period; (e) the credit limit and the amount of credit available at the end of the period; (f) the minimum payment and its due date; (g) the borrower’s rights and obligations regarding any billing error that may appear in the statement of account; and (h) a local or toll-free telephone number, or a telephone number with a prominent indication that collect calls are accepted, that the borrower may use to get information about the account during the retail association’s regular business hours. (4) The subsequent periodic disclosure statement is not required to be provided for a period during which there have been no advances or payments and (a) there is no outstanding balance at the end of the period; or (b) the borrower has notice that their credit agreement has been suspended or cancelled due to default and the retail association has demanded payment of the outstanding balance. (5) The subsequent periodic disclosure statement may be provided once in a three-month period, either in respect of that period or in respect of the last month of that period, if, during that period, (a) there have been no advances or payments; (b) there is an outstanding balance of less than $10; and (c) no interest or fee is being charged or accrued. SOR/2009-261, s. 5. Credit Card Applications 11 (1) A retail association that issues credit cards and that distributes an application form for credit cards must specify the following information in the form or in a Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Credit Card Applications Sections 11-12 document accompanying it, including the date on which each of the matters mentioned takes effect: (a) in the case of a credit card with a (i) fixed rate of interest, the annual interest rate, or (ii) variable interest rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the public index and the fixed percentage rate to be added or subtracted from it; (b) the day on and after which interest accrues and information concerning any grace period that applies; and (c) the amount of any non-interest charges. (2) If the information box set out in Schedule 4, containing the information required by paragraph 6(2.1)(b) or (2.2)(b), as applicable, is included in an application form for a credit card or accompanies that application form, the retail association is considered to have met the requirements of subsection (1). (3) If an applicant for a credit card applies by telephone or any electronic means, the retail association must disclose to them the information required by paragraphs (1)(a) to (c) at the time of the application. (4) If a retail association that issues credit cards solicits applications for them in person, by mail, by telephone or by any electronic means, the information required by paragraphs (1)(a) and (c) must be disclosed at the time of the solicitation. SOR/2009-261, s. 6; SOR/2014-273, s. 21(F). Credit Cards 12 (1) A retail association that enters into a credit agreement for a credit card must provide the borrower with an initial disclosure statement that includes the following information in addition to that required by paragraphs 10(1)(a) and (c) to (k): (a) the manner in which interest is calculated and the information required by paragraph 11(1)(a); (b) if the borrower is required by the credit agreement to pay the outstanding balance in full on receiving a statement of account, (i) mention of that requirement, (ii) the grace period by the end of which the borrower must have paid that balance, and Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Credit Cards Section 12 (iii) the annual interest rate charged on any outstanding balance not paid when due; (c) if a lost or stolen credit card is used in an unauthorized manner, the maximum liability of the borrower is the lesser of $50 and the maximum set by the credit agreement; (d) if a transaction is entered into at an automated teller machine by using the borrower’s personal identification number, the liability incurred by the transaction is, despite paragraph (c), the maximum liability; and (e) if the retail association has received a report from the borrower, whether written or verbal, of a lost or stolen credit card, the borrower has no liability to pay for any transaction entered into through the use of the card after the receipt of the report. (2) If the initial credit limit is not known when the initial disclosure statement is made, the retail association must disclose it in (a) the first statement of account provided to the borrower; or (b) a separate statement that the borrower receives on or before the date on which the borrower receives that first statement of account. (3) Despite section 13, if a credit agreement for a credit card is amended, the retail association must, in writing and 30 days or more before the amendment takes effect, disclose to the borrower the changes to the information required to be disclosed in the initial statement other than any of those changes that involve (a) a change in the credit limit; (b) an extension to the grace period; (c) a decrease in non-interest charges or default charges referred to in paragraphs 10(1)(c) and (g); (d) a change concerning information about any optional service in relation to the credit agreement that is referred to in paragraph 10(1)(i); (e) a change in a variable interest rate referred to in subparagraph 11(1)(a)(ii) as a result of a change in the public index referred to in that subparagraph; and Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Credit Cards Section 12 (f) a decrease in the fixed rate of interest or a decrease in the fixed percentage rate of interest referred to in subparagraph 11(1)(a)(ii). (4) An amendment referred to in any of paragraphs (3)(a) to (d) or (f) must be disclosed not later than in the first subsequent periodic disclosure statement that is provided after the date of the amendment. (5) Subject to subsections (8) and (9), a retail association that issues credit cards must provide borrowers with supplementary disclosure statements on a regular periodic basis, at least once a month, that disclose the information referred to in paragraphs 10(3)(a) and (d) to (h) and that, in addition, contain the following information: (a) an itemized statement of account that describes each transaction and discloses each amount credited or charged, including interest, and the dates when those amounts were posted to the account; (b) the amount that the borrower must pay, on or before a specified due date, in order to have the benefit of a grace period; (c) the sum for payments and the sum for purchases, credit advances and interest and non-interest charges; (d) subject to subsection (7), an estimate of the length of time in months and years that would be required to pay in full the outstanding balance set out in the supplementary disclosure statement, based on the assumption that (i) the minimum payment set out in that statement and in each subsequent supplementary disclosure statement will be made on its corresponding due date, (ii) the annual interest rate that applies on the date of the supplementary disclosure statement in respect of purchases of goods or services, or that, based on the information available on that date, is expected to apply in respect of such purchases after a period during which a promotional or special introductory interest rate applies, will be applied to the outstanding balance until it is paid, (iii) the outstanding balance is rounded up to the nearest hundred dollars for the purpose of arriving at that estimate, and, (iv) a year is considered to consist of not less than 360 days and not more than 366 days; and (e) if the annual interest rate that applies on the date of the supplementary disclosure statement, other than Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Disclosure — Content Credit Cards Sections 12-13 a variable interest rate referred to in subparagraph 11(1)(a)(ii) or an interest rate that has been disclosed to a borrower under subsection (3), could increase in the next period, the circumstances that would give rise to that increase and any new rate of interest that would apply in the next period as a result of the increase. (6) For the purpose of paragraph (5)(a), an itemized statement of account is adequate if it permits the borrower to verify each transaction described by linking it with a transaction record provided to the borrower. (7) The estimate referred to in paragraph (5)(d) is not required to be provided if the borrower is required to pay the outstanding balance in full on receiving a statement of account. (8) The supplementary disclosure statement is not required to be provided for a period during which there have been no advances or payments and (a) there is no outstanding balance at the end of the period; or (b) the borrower has notice that their credit agreement has been suspended or cancelled due to default and the retail association has demanded payment of the outstanding balance. (9) The supplementary disclosure statement may be provided once in a three-month period, either in respect of that period or in respect of the last month of that period, if, during that period, (a) there have been no advances or payments; (b) there is an outstanding balance of less than $10; and (c) no interest or fee is being charged or accrued. SOR/2009-261, s. 7; SOR/2014-273, s. 22(F). Changes in Circumstances Amendments to Credit Agreements 13 (1) Subject to subsection (2), if a credit agreement is amended, the retail association must, not later than 30 days after the day on which the amendment is made, disclose in writing to the borrower any resulting changes to the information that was required to be disclosed in the initial disclosure statement. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Changes in Circumstances Amendments to Credit Agreements Sections 13-15 (2) If a credit agreement for a fixed amount has a schedule for instalment payments and the schedule is amended, the retail association must, not later than 30 days after the day on which the amendment is made, disclose in writing to the borrower the amended payment schedule and any increase in the total amount to be paid or in the cost of borrowing as a result of that amendment. SOR/2009-261, s. 8. Renewals of Mortgages or Hypothecs 14 (1) If a credit agreement for a loan secured by a mortgage or hypothec is to be renewed on a specified date, the retail association must, at least 21 days before the date, provide the borrower with a subsequent disclosure statement that contains the information required to be disclosed by (a) section 8, if the credit agreement is for a fixed interest rate; or (b) section 9, if the credit agreement is for a variable interest rate. (2) The subsequent disclosure statement referred to in subsection (1) must specify that (a) no change that increases the cost of borrowing will be made to the credit agreement between the transmission of the subsequent disclosure statement and the renewal of the credit agreement; and (b) the borrower’s rights under the credit agreement continue, and the renewal does not take effect, until the day that is the later of the date specified for its renewal and 21 days after the borrower receives the statement. (3) A retail association that does not intend to renew a credit agreement for a loan secured by a mortgage or hypothec after its term ends shall, at least 21 days before the end of the term, notify the borrower of that intention. Waiver of Payments 15 (1) If a retail association, under a credit agreement for a loan for a fixed amount, waives a payment without waiving the accrual of interest during the period covered by the payment, the retail association must, in an offer to Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Changes in Circumstances Waiver of Payments Sections 15-16 make such a waiver, disclose in a prominent manner that interest will continue to accrue during that period if the offer is accepted. (2) If a retail association offers to waive a payment under a credit agreement for a line of credit or a credit card, the retail association must, with the offer, disclose in a prominent manner whether interest will continue to accrue during any period covered by the offer if the offer is accepted. Cancellation of Optional Services 16 (1) A disclosure statement made in relation to a credit agreement under which optional services, including insurance services, are provided on an on-going basis must specify that (a) the borrower may cancel the optional service by notifying the retail association that the service is to be cancelled effective as of the day that is the earlier of one month after the day that the disclosure statement was provided to the borrower, determined in accordance with subsection 6(6), and the last day of a notice period provided for in the credit agreement; and (b) the retail association shall, without delay, refund or credit the borrower with the proportional amount, calculated in accordance with the formula set out in subsection (2), of any charges for the service paid for by the borrower or added to the balance of the loan, but unused as of the cancellation day referred to in the notice. (2) The proportion of charges to be refunded or credited to a borrower shall be determined in accordance with the formula R = A × ((n- m) / n) where R is the amount to be refunded or credited; A is the amount of the charges; n is the period between the imposition of the charge and the time when the services were, before the cancellation, scheduled to end; and m is the period between the imposition of the charge and the cancellation. (3) Subsection (1) is subject to any provincial laws that apply to the cancellation of services that are referred to in that subsection. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Changes in Circumstances Prepayment of Loans Sections 17-18 Prepayment of Loans 17 (1) This section applies to loans for fixed amounts of credit, except mortgage or hypothec loans. (2) A borrower under a credit agreement may prepay (a) the outstanding balance of a credit agreement, at any time, without incurring any charge or penalty for making the prepayment; or (b) a part of the outstanding balance (i) on the date of any scheduled payment, if payments are scheduled once a month or more often, or (ii) at any time but only once a month, in any other case. (3) A borrower under a credit agreement who prepays (a) the outstanding balance must be refunded or credited with the proportional amount of any non-interest charges, except for disbursement charges, paid by the borrower or added to that balance, calculated in accordance with the formula set out in subsection (4); and (b) a part of the outstanding balance is not entitled to a refund or credit related to non-interest charges mentioned in paragraph (a). (4) The proportion of non-interest charges to be refunded or credited to a borrower shall be determined in accordance with the formula R = A × ((n- m) / n) where R is the amount to be refunded or credited; A is the amount of the non-interest charges; n is the period between the imposition of the non-interest charge and the scheduled end of the term of the loan; and m is the period between the imposition of the non-interest charge and the prepayment. Default Charges 18 If a borrower under a credit agreement fails to make a payment when it becomes due or fails to comply with an obligation in the agreement, in addition to interest, Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Changes in Circumstances Default Charges Sections 18-21 the retail association may impose charges for the sole purpose of recovering the costs reasonably incurred (a) for legal services retained to collect or attempt to collect the payment; (b) in realizing on any security interest taken under the credit agreement or in protecting such a security interest, including the cost of legal services retained for that purpose; or (c) in processing a cheque or other payment instrument that the borrower used to make a payment under the loan but that was dishonoured. Advertising Loans for a Fixed Amount 19 (1) A retail association that advertises a loan involving a fixed amount of credit in an advertisement that makes a representation of the interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the APR and the term of the loan. The APR must be provided at least as prominently as the representation and in the same manner, whether visually or aurally, or both. (2) If the APR or the term of the loan is not the same for all loans to which the advertisement relates, the disclosure must be based on an example of a loan that fairly depicts all those loans and is identified as a representative example of them. Lines of Credit 20 A retail association that advertises a loan involving a line of credit in an advertisement that makes a representation of the annual interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the annual rate of interest on the date of the advertisement and any initial or periodic non-interest charges at least as prominently as the representation and in the same manner, whether visually or aurally, or both. Credit Cards 21 A retail association that advertises a credit card in an advertisement that makes a representation of the annual interest rate, or the amount of any payment or of any non-interest charge, in relation to the loan must disclose the annual rate of interest on the date of the Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations Advertising Credit Cards Sections 21-24 advertisement and any initial or periodic non-interest charges at least as prominently as the representation and in the same manner, whether visually or aurally, or both. Interest-free Periods 22 (1) A retail association that finances a transaction depicted in an advertisement that involves a representation, express or implied, that a period of a loan is free of any interest charges must ensure that the advertisement discloses in a manner equally as prominent as the representation, if it is expressed, or in a prominent manner otherwise, whether or not interest, due after the period, accrues during the period. (2) If interest does not accrue during the period, the advertisement must also disclose any conditions that apply to the forgiving of the accrued interest and the APR, or the annual interest rate in the case of credit cards or lines of credit, for a period when those conditions are not met. Transitional 23 These Regulations apply to the renewal or ongoing administration of a credit agreement that was entered into before these Regulations came into force. Coming into Force 24 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) SCHEDULE 1 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) Principal Amount (Indicate the principal amount of the loan.) Annual Interest Rate (Indicate the applicable annual interest rate and provide a brief description of how the interest is compounded, if applicable, and charged.) (Indicate the APR, if it differs from the Annual Percentage Rate annual interest rate, and provide a brief description of how it is determined.) Term (Indicate the number of months or years of the term of the loan and whether the term is open or closed, and provide a brief explanation of what “open” or “closed”, as applicable, means.) Date of Advance (Indicate the date on which the principal amount of the loan is to be advanced and the date on which interest is to begin to be charged.) Payments (Indicate the amount of each payment and the date on which each payment is due and provide a brief description of the components of a payment and the frequency of the payments.) Amortization Period (Indicate the number of months or years of the amortization period, if that period is different from the term of the loan.) Prepayment Privilege (Provide a brief description of the conditions under which a borrower may repay a greater portion of the loan than required in any given period without incurring penalty charges for the prepayment of the loan, if applicable.) Prepayment Charges (Indicate the amount of the penalty charges, if any, for prepayment of the loan or provide a brief explanation of the manner in which the penalty charges are calculated.) Default Insurance (Indicate the amount of charges for insurance against default on a highratio mortgage or hypothec, if any.) Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 1 Information Box — Credit Agreement for a Fixed Interest Loan for a Fixed Amount Referred to in Subsection 8(1) Other Fees (Provide a list of the types and amounts of any other charges, other than interest charges.) SOR/2009-261, s. 9. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) SCHEDULE 2 ((Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) Principal Amount (Indicate the principal amount of the loan.) Annual Interest Rate (Indicate the annual interest rate that applies on the date of the disclosure statement and provide a brief description of how the interest is compounded, if applicable, and charged.) Determination of (Provide a brief description of the method for determining the annual Interest interest rate and the date that the determination is made.) (Indicate the APR, if it differs from the Annual Percentage Rate annual interest rate, and provide a brief description of how it is determined.) Term (Indicate the number of months or years of the term of the loan, and whether it is open or closed, and provide a brief explanation of what “open” or “closed”, as applicable, means.) Date of Advance (Indicate the date on which the principal amount of the loan is to be advanced and the date on which interest is to begin to be charged.) Payments (Indicate the amount of each payment, based on the annual interest rate that applies on the date of the disclosure statement, and the date on which each payment is due and provide a brief description of the components of a payment and the frequency of the payments.) Amortization Period (Indicate the number of months or years of the amortization period, if that period is different from the term of the loan.) Prepayment Privilege (Provide a brief description of the conditions under which a borrower may repay a greater portion of the loan than required in any given period without incurring penalty charges for the prepayment of the loan, if applicable.) Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 2 Information Box — Credit Agreement for a Variable Interest Loan for a Fixed Amount Referred to in Subsection 9(1) Prepayment Charges (Indicate the amount of the penalty charges, if any, for prepayment of the loan or provide a brief explanation of the manner in which the penalty charges are calculated.) Default Insurance (Indicate the amount of charges for insurance against default on a highratio mortgage or hypothec, if any.) Other Fees (Provide a list of the types and amounts of any other charges, other than interest charges.) SOR/2009-261, s. 9. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 3 Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) SCHEDULE 3 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Line of Credit Referred to in Subsection 10(1) Initial Credit Limit (Indicate the initial credit limit, if it is known on the date of the disclosure statement.) Annual Interest Rate (Indicate the applicable annual interest rate and, if it is a variable rate, provide a brief description of the method for determining it.) Date from which (Indicate the date on and after which interest accrues and provide Interest Is information respecting the grace Charged period or, if no grace period applies, an indication to that effect.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-261, s. 9. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 4 Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) SCHEDULE 4 (Subsections 6(2.1) and (2.2) and 11(2)) Information Box — Application Form for a Credit Card Referred to in Subsection 11(1) Annual Interest Rate (Indicate the applicable annual interest rate or, if it is a variable rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the name of the public index and the fixed percentage rate to be added to or subtracted from that index and the date on which that rate takes effect.) Interest-free Grace Period (Indicate the length of the interest-free grace period in days, if any, and the circumstances in which it applies or, if no interest-free grace period applies, an indication to that effect.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-261, s. 9. Current to June 20, 2022 Last amended on June 14, 2016 Cost of Borrowing (Retail Associations) Regulations SCHEDULE 5 Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) SCHEDULE 5 (Subsections 6(2.1) and (2.2)) Information Box — Credit Agreement for a Credit Card Referred to in Subsection 12(1) Initial Credit Limit (Indicate the initial credit limit, if it is known on the date of the disclosure statement.) Annual Interest Rate (Indicate the applicable annual interest rate or, if it is a variable rate that is determined by adding or subtracting a fixed percentage rate of interest to or from a public index, the name of the public index and the fixed percentage rate to be added to or subtracted from that index and the date on which that rate takes effect.) Interest-free Grace Period (Indicate the length of the interest-free grace period in days, if any, and the circumstances in which it applies or, if no interest-free grace period applies, an indication to that effect.) Determination of Interest (Provide a brief description of the manner in which interest is calculated and the date on which that calculation is made.) Minimum Payment (Indicate the amount of the minimum payment required in each payment period and provide a brief description of the method for determining the amount of the minimum payment.) Foreign Currency Conversion (Indicate the conversion rate for foreign currency, provide a brief description of how it is determined and indicate the date on which it is applied.) Annual Fees (Indicate the amount of any noninterest charges that are levied on an annual basis and the date on which they are levied or, if no annual charges are levied, an indication to that effect.) Other Fees (Provide a list of the types and amounts of any other non-interest charges and indicate the date on which they are applied.) SOR/2009-261, s. 9. Current to June 20, 2022 Last amended on June 14, 2016

CONSOLIDATION Chlorobiphenyls Regulations [Repealed, SOR/2008-273, s. 46] Current to June 20, 2022 Last amended on September 5, 2008 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. The last amendments came into force on September 5, 2008. 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 Last amended on September 5, 2008 TABLE OF PROVISIONS Regulations Respecting Chlorobiphenyls Current to June 20, 2022 Last amended on September 5, 2008 ii

CONSOLIDATION Credit for Provincial Relief (HST) Regulations SOR/2011-57 Current to June 20, 2022 Last amended on March 26, 2019 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. The last amendments came into force on March 26, 2019. 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 Last amended on March 26, 2019 TABLE OF PROVISIONS Credit for Provincial Relief (HST) Regulations Interpretation 1 Definitions Credit to the Supplier 2 Credit Disclosure of Tax 3 Exception Penalties 4 Penalty for misreporting Deduction — Importations, Imported Taxable Supplies and Bringing In 5 Deduction — section 212.1 Deduction — section 218.1 and Division IV.1 of Part IX Restrictions 7 Restriction on input tax credits, etc. Additional restriction No adjustment if amount credited Application Current to June 20, 2022 Last amended on March 26, 2019 ii Registration SOR/2011-57 March 3, 2011 EXCISE TAX ACT Credit for Provincial Relief (HST) Regulations P.C. 2011-264 March 3, 2011 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 277a and 277.1b of the Excise Tax Actc, hereby makes the annexed Credit for Provincial Relief (HST) Regulations. a S.C. 1993, c. 27, s. 125(1) b S.C. 2009, c. 32, s. 37(1) c R.S., c. E-15 Current to June 20, 2022 Last amended on March 26, 2019 Credit for Provincial Relief (HST) Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. Act means the Excise Tax Act. (Loi) Ontario regulation means Ontario Regulation 317/10 (Rebates for First Nations in Ontario), as it read on October 17, 2018, made under the Retail Sales Tax Act, R.S.O. 1990, c. R.31. (règlement de l’Ontario) qualifying amount means a particular amount, the payment or credit of which is contemplated in a sales tax harmonization agreement between the Government of Canada and the Government of Ontario, that is equal to an amount of tax paid or payable by a person under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act and that may, under the Ontario regulation, be paid or credited to the person on behalf of, or by, the Crown in right of Ontario. (montant admissible) SOR/2019-77, s. 3. Credit to the Supplier Credit 2 (1) If a registrant makes a supply in Ontario to a person and credits during a reporting period of the registrant a qualifying amount to the person in respect of the supply, the registrant may apply to the Minister for a credit equal to all or part of the qualifying amount by filing an application, in respect of a return for the reporting period or a subsequent reporting period of the registrant, with the Minister. Form and filing of application (2) An application for a credit under subsection (1) must be made in prescribed form containing prescribed information and must be filed with the Minister in prescribed manner. Payment of credit (3) If at any time a registrant files a return under Part IX of the Act for a reporting period of the registrant and the Current to June 20, 2022 Last amended on March 26, 2019 Credit for Provincial Relief (HST) Regulations Credit to the Supplier Sections 2-3 registrant files, with the return, an application for a credit under subsection (1) in respect of the return, (a) if the registrant reports, in the return, an amount (in this paragraph referred to as the “remittance amount”) that is required to be remitted under subsection 228(2) or (2.3) of the Act or paid under subsection 228(2.1) or (4) of the Act or Division IV or IV.1 of Part IX of the Act by the registrant, the registrant is deemed to have remitted at that time on account of the registrant’s remittance amount, and the Minister is deemed to have paid at that time on account of the credit, an amount equal to the lesser of the remittance amount and the amount of the credit; and (b) the Minister may pay to the registrant any part of the amount of the credit that is not deemed to have been paid under paragraph (a). Restriction on credit (4) For the purposes of sections 263.02 and 263.1 of the Act, an amount of a credit that the Minister may pay to a registrant under paragraph (3)(b) is deemed to be a rebate under Part IX of the Act. Interest on credit and overpayment (5) For the purposes of subsections 264(1) and 297(4) of the Act, an amount of a credit paid to a registrant under paragraph (3)(b) is deemed to be a rebate under Division VI of Part IX of the Act that is paid to the registrant under subsection 297(3) of the Act and the later of the day on which the return to which the application for the credit relates is filed and the day on which the application for the credit is filed is deemed to be the day on which the application for that rebate is filed. Disclosure of Tax Exception 3 If a registrant makes a supply in Ontario to a person and credits a qualifying amount to the person in respect of the supply, the registrant is not required to include under subsection 223(1) or (1.1) of the Act tax under subsection 165(2) of the Act, or the rate of that tax, in the total tax payable or the total of the rates of tax payable in respect of the supply. Current to June 20, 2022 Last amended on March 26, 2019 Credit for Provincial Relief (HST) Regulations Penalties Section 4 Penalties Penalty for misreporting 4 (1) If a registrant makes a supply in Ontario to a person and credits a qualifying amount to the person in respect of the supply and, in determining the net tax of the registrant for a reporting period of the registrant, the registrant deducts an amount representing all or part of the qualifying amount or fails to add an amount of tax, representing all or part of the qualifying amount, that became collectible from the person in respect of the supply in the reporting period, in addition to any other penalty or interest under Part IX of the Act, the registrant is liable to a penalty equal to the amount determined by the formula A × [5% + (1% × B)] where A is the amount (in this subsection referred to as the “misreported amount”) that the registrant deducted or that the registrant failed to add; and B is the lesser of five and the number of complete months that are included in the period that begins on the day on or before which the return in which the registrant deducts, or fails to add, the misreported amount is required to be filed and ends on the earlier of (a) the day on which the registrant reports the misreported amount and identifies the reporting period to the Minister in writing or in any other manner satisfactory to the Minister, and (b) the day on which the Minister sends a notice of assessment that includes an assessment of the net tax of the registrant for the reporting period taking into account the misreported amount. Penalty for delayed filing (2) If a registrant files an application for a particular credit under subsection 2(1) equal to all or part of a qualifying amount more than four years after the day on which the registrant credited the qualifying amount, the registrant is liable to a penalty equal to the amount of the particular credit. Waiving or cancelling penalties (3) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a registrant, or on application by the registrant on or before that day, waive or cancel all or any portion of any penalty payable by the registrant under subsection (1) in respect of a return for the reporting period. Current to June 20, 2022 Last amended on March 26, 2019 Credit for Provincial Relief (HST) Regulations Penalties Sections 4-7 Waiving or cancelling penalties (4) The Minister may, on or before the particular day that is 10 calendar years after the day on which a registrant filed an application for a credit under subsection 2(1), or on application by the registrant on or before the particular day, waive or cancel all or any portion of any penalty payable by the registrant under subsection (2) in respect of the credit. Deduction — Importations, Imported Taxable Supplies and Bringing In Deduction — section 212.1 5 If tax under section 212.1 of the Act is payable by a person and all or part of that tax is an amount equal to a qualifying amount that is credited to the person under the Ontario regulation, in determining the amount required to be paid and collected under section 214 of the Act, the qualifying amount is to be applied as a deduction from that tax. Deduction — section 218.1 and Division IV.1 of Part IX 6 If tax under section 218.1 of the Act or Division IV.1 of Part IX of the Act is payable by a person and all or part of that tax is an amount equal to a qualifying amount, in determining the amount required to be paid under section 219 or subsection 220.09(1) of the Act, the qualifying amount is to be credited to the person by the Minister and applied as a deduction from that tax if the person files with the Minister in prescribed manner an application made in prescribed form containing prescribed information for the credit with the return in which that tax is required to be reported by the person under section 219 or subsection 220.09(1) of the Act. Restrictions Restriction on input tax credits, etc. 7 No amount of tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act is to be included in determining any input tax credit of a person or any rebate, refund or remission that may be paid or granted to a person under the Act or any other Act of Parliament to the extent that it can reasonably be regarded that a qualifying amount has been credited to the person, or the person is entitled to be paid or credited a qualifying amount, under the Ontario regulation in relation to that amount of tax. Current to June 20, 2022 Last amended on March 26, 2019 Credit for Provincial Relief (HST) Regulations Restrictions Sections 8-10 Additional restriction 8 No amount of an input tax credit, rebate, refund or remission under the Act or any other Act of Parliament, and no amount of a tax benefit (as defined in subsection 274(1) of the Act), is to be credited, paid, granted or allowed to the extent that it can reasonably be regarded that the amount is determined, directly or indirectly, in relation to a qualifying amount that has been credited to a person, or to which a person is entitled to be paid or credited, under the Ontario regulation in relation to that amount of tax. No adjustment if amount credited 9 If a registrant makes a supply in Ontario to a person and credits a qualifying amount to the person in respect of the supply, the amount of tax under subsection 165(2) of the Act in respect of the supply that is equal to the qualifying amount is not to be included in determining the amount that may be deducted or that is required to be added, as the case may be, under section 231 or 232 of the Act in determining the net tax of the registrant for any reporting period of the registrant. Application 10 (1) Sections 1 to 3 and 5 to 9 are deemed to have come into force on September 1, 2010. (2) Section 4 applies in respect of any reporting period of a person that ends on or after September 1, 2010, except that no person is liable to a penalty the amount of which is determined under these Regulations in respect of a return for that reporting period that is filed on or after September 1, 2010 and before the day on which these Regulations are published in the Canada Gazette. Current to June 20, 2022 Last amended on March 26, 2019

CONSOLIDATION Canada Occupational Health and Safety Regulations SOR/86-304 Current to June 20, 2022 Last amended on May 2, 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. The last amendments came into force on May 2, 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 Last amended on May 2, 2022 TABLE OF PROVISIONS Canada Occupational Health and Safety Regulations 1.1 Part I 1.2 Interpretation 1.3 Prescription 1.31 Application 1.5 Records 1.6 Inconsistent Provisions 1.8 Alternate Media 2.1 PART II Permanent Structures 2.1 Interpretation 2.2 DIVISION I Buildings 2.2 Standards 2.3 Doors 2.4 Clearances 2.5 Floor and Wall Openings 2.6 Open-top Bins, Hoppers, Vats and Pits 2.7 Ladders, Stairways and Ramps 2.11 Docks, Ramps and Dock Plates 2.12 Guardrails 2.13 Toe Boards 2.14 Housekeeping and Maintenance 2.17 Temporary Heating Current to June 20, 2022 Last amended on June 20, 2022 ii Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 2.18 DIVISION II Towers, Antennas and Antenna-Supporting Structures 2.20 DIVISION III HVAC Systems 2.20 Application 2.21 Standards 2.23 Records 2.24 Operation, Inspection, Testing, Cleaning and Maintenance 2.27 Investigations 3.1 PART III Temporary Structures and Excavations 3.1 Application 3.2 General 3.7 Barricades 3.8 Guardrails and Toe Boards 3.9 Temporary Stairs, Ramps and Platforms 3.10 Scaffolds 3.11 Portable Ladders 3.12 Excavation 3.13 Safety Nets 3.14 Housekeeping 4.1 PART IV Elevating Devices 4.1 Application 4.2 Standards 4.3 Use and Operation 4.5 Inspection and Testing Current to June 20, 2022 Last amended on June 20, 2022 iv Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 4.7 Repair and Maintenance 5.1 PART V Boilers and Pressure Vessels 5.1 Interpretation 5.2 Application 5.3 Fabrication and Installation Standards 5.5 Use, Operation, Repair, Alteration and Maintenance 5.10 Inspections 5.16 Buried Pressure Vessels 5.17 Records and Reports 6.1 PART VI Lighting 6.1 Interpretation 6.2 Application 6.3 Measurement of Average Levels of Lighting 6.4 Lighting — Office Areas 6.5 Lighting — Industrial Areas 6.6 Lighting — General Areas 6.7 Lighting — VDT 6.8 Lighting — Aerodrome Aprons and Aircraft Stands 6.9 Lighting — Artefactual Exhibits and Archival Materials 6.10 Emergency Lighting 6.11 Minimum Levels of Lighting SCHEDULE I Current to June 20, 2022 Last amended on June 20, 2022 v Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS SCHEDULE II SCHEDULE III SCHEDULE IV 7.1 PART VII Levels of Sound 7.1 Interpretation 7.2 Measurement and Calculation of Exposure 7.3 Hazard Investigation 7.4 Limits of Exposure 7.5 Reduction of Sound Exposure 7.6 Report to Head of Compliance and Enforcement 7.7 Hearing Protection 7.8 Warning Signs SCHEDULE SCHEDULE II 8.1 PART VIII Electrical Safety 8.1 Interpretation 8.2 Application 8.3 Standards 8.4 Safety Procedures 8.8 Safety Watcher 8.9 Coordination of Work 8.10 Poles and Elevated Structures 8.12 Isolation of Electrical Equipment Current to June 20, 2022 Last amended on June 20, 2022 v Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 8.14 Guarantees of Isolation for Electrical Equipment 8.17 Live Test 8.18 Termination of Guarantee of Isolation 8.19 Safety Grounding 8.23 Switches and Control Devices SCHEDULE 9.1 PART IX Sanitation 9.1 Interpretation 9.2 General 9.12 Toilet Rooms 9.18 Wash Basins 9.23 Showers and Shower Rooms 9.24 Potable Water 9.30 Field Accommodation 9.34 Preparation, Handling, Storage and Serving of Food 9.39 Food Waste and Garbage 9.40 Lunch Rooms 9.41 Ventilation 9.43 Clothing Storage SCHEDULE 10.1 PART X Hazardous Substances 10.1 Interpretation 10.2 Application Current to June 20, 2022 Last amended on June 20, 2022 vi Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 10.3 DIVISION I General 10.3 Records of Hazardous Substances 10.4 Hazard Investigation 10.7 Medical Examinations 10.8 Storage, Handling and Use 10.13 Warning of Hazardous Substances 10.14 Employee Education and Training 10.16 Substitution of Substances 10.17 Ventilation 10.19 Control of Hazards 10.23 Warnings 10.24 Assembly of Pipes 10.25 Explosives 10.26 Ionizing and Non-ionizing Radiation SCHEDULE 10.26.1 DIVISION II Hazardous Substances Other than Hazardous Products 10.26.1 Asbestos Exposure Management Program 10.26.1 Asbestos-containing Material 10.26.2 Asbestos Exposure Control Plan 10.26.4 Asbestos Dust, Waste and Debris Removal 10.26.6 Decontamination 10.26.8 Air Sampling 10.26.9 Clearance Air Sampling 10.26.11 Containers for Asbestos Dust, Waste and Debris 10.27 Identification Current to June 20, 2022 Last amended on June 20, 2022 vi Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 10.29 DIVISION III Hazardous Products 10.29 Interpretation 10.30 Application 10.31 Safety Data Sheets and Labels in Respect of Certain Hazardous Products 10.32 Supplier Safety Data Sheets 10.33 Work Place Safety Data Sheets 10.34 Availability of Safety Data Sheets 10.35 Labels 10.37 Portable Containers 10.38 Special Cases 10.39 Laboratories 10.40 Signs 10.41 Replacing Labels 10.42 Exemptions from Disclosure 10.43 Hazardous Waste 10.44 Information Required in a Medical Emergency 10.45 Fire and Explosion Prevention 11.01 PART XI Confined Spaces 11.01 Interpretation 11.02 Confined Space Identification 11.03 Hazard Assessment 11.04 Confined Space Procedures 11.05 Verification Before Entry in and During Occupancy of Hazardous Confined Space 11.06 Emergency Procedures and Equipment Current to June 20, 2022 Last amended on June 20, 2022 ix Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 11.07 Record of Emergency Procedures and Equipment 11.08 Provision and Use of Equipment 11.09 Closing off a Confined Space 11.1 Hot Work 11.11 Ventilation Equipment 11.12 Instruction and Training 11.13 Retention of Records 12.01 PART XII Protection Equipment and Other Preventive Measures 12.01 Interpretation 12.03 General 12.06 Fall Protection 12.06 Fall-protection Plan 12.07 Fall-protection Systems 12.09 Protection Equipment and Procedures 12.09 Fall Protection 12.1 Protective Headwear 12.11 Protective Footwear 12.12 Eye and Face Protection 12.13 Respiratory Protection 12.14 Skin Protection 12.15 Protection Against Drowning 12.16 Loose Clothing 12.17 Protection Against Moving Vehicles 12.18 Defective Equipment 12.2 Instruction and Training 12.21 Records Current to June 20, 2022 Last amended on June 20, 2022 x Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 13.1 PART XIII Tools and Machinery 13.1 Interpretation 13.2 Design, Construction, Operation and Use of Tools 13.9 Defective Tools and Machines 13.11 Instructions and Training 13.13 General Requirements for Machine Guards 13.14 Use, Operation, Repair and Maintenance of Machine Guards 13.18 Abrasive Wheels 13.20 Mechanical Power Transmission Apparatus 13.21 Woodworking Machinery 13.22 Punch Presses 14.1 PART XIV Materials Handling 14.1 Interpretation 14.2 Application 14.3 DIVISION I Design and Construction 14.3 General 14.4 Protection from Falling Objects 14.6 Protection from Overturning 14.7 Seat-Belts 14.8 Fuel Tanks 14.9 Protection from Elements 14.10 Vibration 14.11 Controls 14.12 Fire Extinguishers Current to June 20, 2022 Last amended on June 20, 2022 x Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 14.13 Means of Entering and Exiting 14.14 Lighting 14.15 Control Systems 14.16 Warning Devices 14.17 Rear View Mirrors 14.18 Guided Industrial Vehicles 14.19 Conveyors 14.20 DIVISION II Maintenance, Use and Operation 14.20 Inspection, Testing and Maintenance 14.21 Mobile Cranes 14.22 Split Rim Wheels 14.23 Instruction and Training 14.24 Qualifications 14.25 Signals 14.28 Gradients 14.29 Repairs 14.30 Transporting and Positioning Employees 14.31 Loading, Unloading and Maintenance While in Motion 14.34 Positioning the Load 14.35 Tools 14.36 Housekeeping 14.37 Parking 14.38 Materials Handling Area 14.39 Hazard Areas 14.40 Rear Dumping 14.41 Fuelling 14.42 Ropes, Slings and Chains 14.43 Safe Working Loads 14.44 Aisles and Corridors Current to June 20, 2022 Last amended on June 20, 2022 xi Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 14.45 Clearances 14.46 DIVISION III Manual Handling of Materials 14.50 DIVISION IV Storage of Materials 14.51 DIVISION V Transitional Provisions 15.1 PART XV Hazardous Occurrence Investigation, Recording and Reporting 15.1 Interpretation 15.2 Application 15.3 Reports by Employee 15.4 Investigations 15.5 Telephone or Fax Reports 15.6 Records 15.7 Minor Injury Records 15.8 Written Reports 15.10 Annual Report 15.11 Retention of Reports and Records SCHEDULE I SCHEDULE II Current to June 20, 2022 Last amended on June 20, 2022 xi Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 16.1 PART XVI First Aid 16.1 Interpretation 16.2 General 16.3 First Aid Attendants 16.5 First Aid Stations 16.6 Communication of Information 16.7 First Aid Supplies and Equipment 16.9 First Aid Rooms 16.11 Transportation 16.12 First Aid Courses 16.13 Records SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV SCHEDULE V Subjects to Be Included in the Courses 17.1 PART XVII Safe Occupancy of the Work Place 17.1 Interpretation 17.2 Application 17.3 Fire Protection Equipment 17.4 Emergency Evacuation Plan 17.5 Emergency Procedures Current to June 20, 2022 Last amended on June 20, 2022 xi Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 17.6 Instructions and Training 17.7 Emergency Wardens 17.9 Inspections 17.10 Meetings of Emergency Wardens and Drills 17.11 Fire Hazard Areas 18.1 PART XVIII Diving Operations 18.1 Definitions 18.2 Application 18.4 DIVISION I Type 1 Dives and Type 2 Dives 18.4 Written Procedures 18.5 Instruction and Training 18.7 Medical Evaluations 18.8 Fitness to Dive 18.9 Dive Plan 18.10 Dive Team 18.15 Emergency Assistance 18.16 Pressure-related Injury 18.17 Decompression 18.18 Identification of Dive Site 18.19 Supervision 18.21 Hazards 18.22 Communications 18.23 Breathing Supply 18.26 Diving Equipment 18.34 Termination of Dive 18.35 Observation After Diving 18.36 Flying After Diving Current to June 20, 2022 Last amended on June 20, 2022 xv Canada Occupational Health and Safety Regulations TABLE OF PROVISIONS 18.37 Reports and Records 18.43 DIVISION II Type 2 Dives 18.43 Approach to Water Control and Intake Facilities 18.47 Diving Hazards 18.49 Use of Explosives 18.50 Hyperbaric Chambers 18.52 Alternative Energy Sources 18.53 Surface Supply Type 2 Dives 18.63 Type 2 Scuba Diving SCHEDULE I SCHEDULE II 19.1 PART XIX Hazard Prevention Program 19.1 Hazard Prevention Program 19.2 Implementation Plan 19.3 Hazard Identification and Assessment Methodology 19.4 Hazard Identification and Assessment 19.5 Preventive Measures 19.6 Employee Training 19.7 Program Evaluation 19.8 Reports Current to June 20, 2022 Last amended on June 20, 2022 xv Registration SOR/86-304 March 13, 1986 CANADA LABOUR CODE Canada Occupational Health and Safety Regulations P.C. 1986-616 March 13, 1986 Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 82* and 83* and subsection 106(1)* of the Canada Labour Code, is pleased hereby to revoke (a) the Canada Accident Investigation and Reporting Regulations, C.R.C., c. 993, (b) the Canada Boiler and Pressure Vessel Regulations, made by Order in Council P.C. 1979-1426 of May 9, 1979**, (c) the Canada Building Safety Regulations, C.R.C., c. 995, (d) the Canada Confined Spaces Regulations, C.R.C., c. 996, (e) the Canada Dangerous Substances Regulations, C.R.C., c. 997, (f) the Canada C.R.C., c. 998, Electrical Safety Regulations, (g) the Canada Elevating Devices Regulations, made by Order in Council P.C. 1979-1428 of May 9, 1979***, (h) the Canada Fire Safety Regulations, C.R.C., c. 1000, (i) the Canada c. 1001, First-Aid Regulations, C.R.C., (j) the Canada Hand Tools Regulations, C.R.C., c. 1002, (k) the Canada Machine Guarding Regulations, C.R.C., c. 1003, (l) the Canada Materials Handling Regulations, C.R.C., c. 1004, (m) the Canada Motor Vehicle Operators Hours of Service Regulations, C.R.C., c. 1005, * S.C. 1984, c. 39, s. 20 ** SOR/79-399, 1979 Canada Gazette Part II, p. 2069 *** SOR/79-401, 1979 Canada Gazette Part II, p. 2075 Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations (n) the Canada Noise Control Regulations, C.R.C., c. 1006, (o) the Canada Protective Clothing and Equipment Regulations, C.R.C., c. 1007, (p) the Canada Safe Illumination Regulations, C.R.C., c. 1008, (q) the Canada Sanitation Regulations, made by Order in Council P.C. 1979-3181 of November 22, 1979****, (r) the Canada Temporary Work Structure Regulations, C.R.C., c. 1010, (s) the Employment Safety Order for Railways, Aerodromes and Air-Stations, made by Order in Council P.C. 1978-1666 of May 18, 1978*****, and (t) the Stevedores Safety Order, made by Order in Council P.C. 1978-881 of March 23, 1978******, and to make the annexed Regulations respecting occupational safety and health made under Part IV of the Canada Labour Code, in substitution therefor, effective March 31, 1986. **** SOR/79-891, 1979 Canada Gazette Part II, p. 4401 ***** SOR/78-472, 1978 Canada Gazette Part II, p. 2687 ****** SOR/78-282, 1978 Canada Gazette Part II, p. 1276 Current to June 20, 2022 Last amended on June 20, 2022 Part I 1.1 [Repealed, SOR/2002-208, s. 2] Interpretation 1.2 In these Regulations, Act means Part II of the Canada Labour Code; (Loi) ANSI means the American National Standards Institute; (ANSI) approved organization means an organization that is approved by any province for the teaching of first aid; (organisme agréé) basic first aid certificate means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a one-day first aid course; (certificat de secourisme élémentaire) change room means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room; (vestiaire) CSA means the Canadian Standards Association; (CSA) dangerous substance [Repealed, SOR/88-68, s. 1] elevating device means an escalator, elevator or other device for moving passengers or freight; (appareil élévateur) fire hazard area means an area that contains or is likely to contain explosive or flammable concentrations of hazardous substances; (endroit présentant un risque d’incendie) first aid room means a room that complies with the requirements of section 16.10; (salle de premiers soins) high voltage means a voltage of 751 volts or more between any two conductors or between a conductor and ground; (haute tension) locked out means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative; (verrouillé) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Part I Interpretation Section 1.2 lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed (a) for a gas or vapour, as a percentage in air by volume, and (b) for dust, as the weight of dust per volume of air; (limite explosive inférieure) medical practitioner [Repealed, SOR/88-68, s. 1] Minister [Repealed, SOR/2021-118, s. 5] National Building Code means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment) National Fire Code means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada) oxygen deficient atmosphere means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg; (air à faible teneur en oxygène) personal service room means a change room, toilet room, shower room, lunch room, living space, sleeping quarters or a combination thereof; (local réservé aux soins personnels) protection equipment means safety materials, equipment, devices and clothing; (équipement de protection) qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée) regional office, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the Department’s Labour Program in any of the Department’s administrative regions in which the work place is situated; (bureau régional) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Part I Interpretation Sections 1.2-1.5 toilet room means a room that contains a toilet or a urinal, but does not include an outdoor privy. (lieux d’aisances) SOR/88-68, ss. 1, 14; SOR/88-632, s. 1(F); SOR/94-33, s. 1; SOR/94-263, s. 3; SOR/96-294, s. 1; SOR/2000-328, s. 1; SOR/2000-374, s. 1; SOR/2002-208, s. 43(F); SOR/2009-147, s. 1; SOR/2012-271, s. 1; 2013, c. 40, s. 237(E); SOR/2014-148, s. 1; SOR/2019-246, s. 1(F); SOR/2021-118, s. 5; SOR/2022-94, s. 1. Prescription 1.3 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act. SOR/88-68, s. 2; SOR/94-263, s. 4. Application 1.31 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly. SOR/2015-211, s. 1. 1.4 These Regulations do not apply in respect of employees employed (a) on trains while in operation; (b) on aircraft while in operation; (c) on ships; (d) subject to Part II of the Oil and Gas Occupational Safety and Health Regulations, on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as that term is defined in the Canada Petroleum Resources Act; or (e) on or in connection with a work or undertaking that is excluded from the application of the Act by an order made pursuant to section 123.1 of the Act. SOR/87-623, s. 1; SOR/94-263, s. 5; SOR/2009-147, s. 2. Records 1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, the employer shall keep and maintain the record and make it readily available for examination by the Head of Compliance and Enforcement and by the policy committee or, if there is no Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Part I Records Sections 1.5-1.8 policy committee, the work place committee or the health and safety representative for the work place to which it applies. SOR/88-68, s. 3; SOR/94-263, s. 6; SOR/2002-208, s. 3; SOR/2014-148, s. 2; SOR/ 2019-246, s. 2; SOR/2021-118, s. 6. Inconsistent Provisions 1.6 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency. 1.7 [Repealed, SOR/2019-243, s. 1] Alternate Media 1.8 (1) In this section, alternate media means any method of communication that permits an employee with a special need to receive any information, instruction or training required by these Regulations to be provided, including braille, large print, audio tape, computer disc, sign language and verbal communications; (média substitut) highly visible means marked with brightly coloured paint, painted with a reflective coating or marked by other means so as to be readily apparent; (très visible) special need means a need that stems from a condition that impairs an employee’s ability to receive any information, instruction or training that is required by these Regulations to be provided. (besoins spéciaux) (2) Subject to subsection (5), where an employer or other person is required by these Regulations to give, provide or make available any information, instruction or training to an employee and the employee has a special need, the employer or other person shall give, provide or make available the information, instruction or training to the employee by means of an alternate medium. (3) Where information, including warnings, is required by these Regulations to be provided by means of a sign or marking, the alternate medium shall be visible or audible to an employee with a special need. (4) Where a warning is required to be given by a means other than a sign or marking, the warning shall be given to an employee with a special need in a manner that effectively warns the employee of the nature of the danger. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Part I Alternate Media Sections 1.8-2.1 (5) Where an employer or other person is required by these Regulations to give, provide or make available any information by means of labels, defect tags or lockout tags, the employer or other person need not provide the information by means of an alternate medium on the labels, defect tags or lockout tags. SOR/96-525, s. 1; SOR/2019-246, s. 3. PART II Permanent Structures Interpretation 2.1 The definitions in this section apply in this Part. ASHRAE means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (ASHRAE) building means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes a grain-handling facility, a tower, an antenna and an antenna-supporting structure. (bâtiment) floor hole means an opening in a floor or platform that measures less than 300 mm but more than 50 mm in its smallest dimension. (trou dans le plancher) floor opening means an opening in a floor, platform, pavement or yard that measures 300 mm or more in its smallest dimension. (ouverture dans le plancher) grain-handling facility means a structure that is constructed, installed or established to handle, store or process grain or grain products, and includes an elevator as defined in section 2 of the Canada Grain Act. (installation de manutention des grains) HVAC system means a heating, ventilating and air conditioning system that is installed in a building, and includes all of its equipment and components. (système CVCA) wall opening means an opening in a wall or partition that measures at least 750 mm in height and 300 mm in width. (ouverture dans un mur) SOR/94-263, s. 7; SOR/2000-374, s. 2. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Sections 2.2-2.3 DIVISION I Buildings Standards 2.2 (1) The design and construction of every building, the construction of which begins on or after the day of the coming into force of this subsection, shall meet the requirements of the National Building Code. (2) Every building, the construction of which begins before the day of the coming into force of this subsection, shall, if feasible, meet the requirements of the National Building Code. (3) The renovation of any building or part of a building shall, if feasible, meet the requirements of the National Building Code. (4) If it is not feasible for an employer to comply with the requirements of subsection (3), the employer shall, before the proposed renovations start, notify the work place committee or the health and safety representative. SOR/88-632, s. 2(F); SOR/96-525, s. 2; SOR/2000-374, s. 2; SOR/2002-208, s. 4; SOR/ 2019-246, s. 4. Doors 2.3 (1) Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic or traffic involving wheelchairs or other similar devices shall be designed and fitted in a manner that will allow persons who are approaching from one side of the door to be aware of persons who are on the other side of it. (2) The area of every passageway into which a door or gate extends when open, other than the door of a closet or other small unoccupied storage room, shall be marked, in consultation with the work place committee or the health and safety representative in a manner that clearly indicates the area of hazard created by the opening of the door or gate. (3) Where a door or gate that is to remain open extends into a passageway for a distance that will reduce the effective width of the passageway to a width less than that required by the National Building Code, (a) an attendant shall be posted near the open door or gate; or (b) a highly visible barricade shall be placed across the passageway before the door or gate is opened to Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Doors Sections 2.3-2.6 prevent persons from using the passageway while the door or gate is open. SOR/88-632, s. 3(F); SOR/2000-374, s. 2; SOR/2002-208, s. 5. Clearances 2.4 A window awning or canopy or any part of a building that projects over an exterior passageway shall be installed or constructed in a manner that allows a clearance of not less than 2.2 m between the passageway surface and the lowest projection of the awning or canopy or projecting part of the building. SOR/96-525, s. 3; SOR/2000-374, s. 2. Floor and Wall Openings 2.5 (1) Where an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, highly visible guardrails shall be fitted around the wall opening or floor opening or it shall be covered with material capable of supporting all loads that may be brought to bear on it. (2) The material shall be securely fastened to and supported by structural members. (3) Subsection (1) does not apply to vehicle maintenance pits or to the loading and unloading areas of truck, railroad or marine docks the edges of which are marked in a highly visible manner. (4) Where a pit is used for the maintenance of vehicles, including railway rolling stock, the hazard it represents shall be clearly identified and its perimeter shall be delineated by highly visible markings. SOR/88-632, s. 4(F); SOR/96-525, s. 4; SOR/2000-374, s. 2. Open-top Bins, Hoppers, Vats and Pits 2.6 (1) Where an employee has access to an open-top bin, hopper, vat, pit or other open-top enclosure from a point directly above the enclosure, the enclosure shall be (a) covered with a grating, screen or other covering that will prevent the employee from falling into the enclosure; or (b) provided with a walkway that is not less than 500 mm wide and is fitted with highly visible guardrails. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Open-top Bins, Hoppers, Vats and Pits Sections 2.6-2.9 (2) The grating, screen, covering or walkway shall be designed, constructed and maintained so that it will support a load that is not less than the greater of (a) the maximum load that may be brought to bear on it, and (b) a live load of 6 kPa. (3) Where an employee is working above an open-top bin, hopper, vat, pit or other open-top enclosure that is not covered with a grating, screen or other covering, the inside wall of the enclosure shall be fitted with a fixed ladder, except where the operations carried on in the enclosure make such a fitting impracticable. (4) Every enclosure referred to in subsection (1) whose walls extend less than 1.1 m above an adjacent floor or platform used by employees shall be (a) covered with a grating, screen or other covering; (b) fitted with a highly visible guardrail; or (c) guarded by a person in order to prevent employees from falling into the enclosure. SOR/2000-374, s. 2; SOR/2019-246, s. 5(F). Ladders, Stairways and Ramps 2.7 Where an employee is required to move from one level to another that is more than 450 mm higher or lower than the first level, the employer shall install a fixed ladder, stairway or ramp between the levels. SOR/96-525, s. 5; SOR/2000-374, s. 2. 2.8 Where one end of a stairway is so close to a traffic route used by vehicles, to a machine or to any other hazard as to be hazardous to the safety of an employee using the stairway, the employer shall, at that end of the stairway, (a) post a sign to warn employees of the hazard; and (b) if feasible, install a highly visible barricade that will protect employees using the stairway from the hazard. SOR/96-525, s. 6; SOR/2000-374, s. 2; SOR/2019-246, s. 6(E). 2.9 (1) A fixed ladder installed after the day of the coming into force of this section shall be designed, constructed and installed in accordance with the requirements of ANSI Standard A14.3-1984 entitled American National Standard for Ladders — Fixed — Safety Requirements, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Ladders, Stairways and Ramps Sections 2.9-2.11 as amended from time to time, other than section 7 of that Standard. (2) A fixed ladder that is installed before the day of the coming into force of this section shall, if feasible, meet the requirements referred to in subsection (1). (3) While ascending or descending a fixed ladder, an employee shall (a) maintain a three-point contact with the ladder; and (b) carry any tools, equipment or materials in a pouch or holster or in any other secure manner. (4) A fixed ladder shall be highly visible or its presence otherwise brought to the attention of any employee in the area. SOR/2000-374, s. 2; SOR/2011-206, s. 1; SOR/2019-246, s. 7. 2.10 (1) Every grain-handling facility that has a manlift or ladder that provides access to a floor or roof over a grain bin or silo shall, in addition to its primary exit, have a secondary exit from the floor or roof that consists of an exterior fixed ladder constructed in accordance with the requirements referred to in subsection 2.9(1). (2) A fixed ladder that is installed in a grain-handling facility before the day of the coming into force of this section shall, if feasible, meet the requirements referred to in subsection 2.9(1). (3) A fixed ladder that is installed adjacent to a manlift and that is intended for emergency exit from the manlift shall meet the requirements of section 5.1.9 of CSA Standard B 311-M1979, entitled Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984. SOR/96-525, s. 7; SOR/2000-374, s. 2; SOR/2019-246, s. 8; SOR/2022-94, s. 5(F). Docks, Ramps and Dock Plates 2.11 (1) Every loading and unloading dock and ramp shall be (a) of sufficient strength to support the maximum load that may be brought to bear on it; (b) free of surface irregularities that may interfere with the safe operation of mobile equipment; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Docks, Ramps and Dock Plates Sections 2.11-2.13 (c) fitted around its sides that are not used for loading or unloading with side rails, curbs or rolled edges of sufficient height and strength to prevent mobile equipment from running over the edge. (2) Cross-traffic on dock levellers shall be limited to the portion of the dock leveller where there is no danger of tipping the materials handling equipment. (3) Every portable ramp and every dock plate shall be (a) clearly marked or tagged to indicate the maximum safe load that it is capable of supporting; and (b) installed so that it cannot slide, move or otherwise be displaced under the load that may be brought to bear on it. SOR/2000-374, s. 2. Guardrails 2.12 (1) Every guardrail shall be highly visible and consist of (a) a horizontal top rail not less than 900 mm but not more than 1 100 mm above the base of the guardrail; (b) a horizontal intermediate rail spaced midway between the top rail and the base; and (c) supporting posts spaced not more than 3 m apart at their centres. (2) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail. SOR/94-263, s. 8(F); SOR/2000-374, s. 2. Toe Boards 2.13 If there is a risk that tools or other objects could fall onto a person from a platform or other raised area, or through a floor opening or floor hole, (a) a toe board that extends from the floor of the platform or other raised area to a height of not less than 125 mm shall be installed; or (b) if the tools or other objects are piled to such a height that a toe board would not prevent the tools or other objects from falling, a solid or mesh panel shall Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Toe Boards Sections 2.13-2.16 be installed from the floor to a height of not less than 450 mm. SOR/2000-374, s. 2; SOR/2019-246, s. 9. Housekeeping and Maintenance 2.14 (1) Every exterior stairway, walkway, ramp and passageway that may be used by employees shall be kept free of accumulations of ice and snow or other slipping or tripping hazards. (2) All dust, dirt, waste and scrap material in every work place in a building shall be removed as often as is necessary to protect the health and safety of employees and shall be disposed of in such a manner that the health and safety of employees is not endangered. (3) Every travelled surface in a work place shall be (a) slip resistant; and (b) kept free of splinters, holes, loose boards and tiles and similar defects. SOR/2000-374, s. 2; SOR/2002-208, s. 6. 2.15 Where a floor in a work place is normally wet and employees in the work place do not use non-slip waterproof footwear, the floor shall be covered with a dry false floor or platform or treated with a non-slip material or substance. SOR/88-632, s. 5(F); SOR/96-525, s. 8; SOR/2000-374, s. 2. 2.16 (1) The cleaning of a window on any level above the ground floor level of a building the construction of which begins on or after the day of the coming into force of this subsection shall be done in accordance with the requirements of CSA Standard CAN/CSA-Z91-M90, entitled Safety Code for Window Cleaning Operations, as amended from time to time. (2) To the extent reasonably practicable, the cleaning of a window on any level above the ground floor level of a building the construction of which began before the day of the coming into force of this subsection shall be done in accordance with the requirements referred to in subsection (1). (3) Subsections (4) to (8) apply to buildings whose owners are employers as defined in subsection 122(1) of the Act. (4) The employer shall, in respect of buildings the construction of which begins on or after the day of the Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Housekeeping and Maintenance Section 2.16 coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements referred to in subsection (1). (5) The employer shall, in respect of buildings the construction of which began before the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements of CSA Standard Z91-M1980, entitled Safety Code for Window Cleaning Operations, the English version of which is dated May 1980 and the French version of which is dated November 1983. (6) The inspection of anchor points and permanently installed suspended platforms shall be done (a) before they are used for the first time; (b) as often as necessary, but at least as often as recommended by their manufacturer; (c) whenever they are reported as being defective; and (d) in every case, at least once a year. (7) Immediately on completion of an inspection, the qualified person shall, in a written, signed and dated report, inform the employer of any defects or hazardous conditions detected in the anchor points or permanently installed suspended platforms. (8) The employer shall (a) ensure that any reported defect in the anchor points or permanently installed suspended platforms is repaired before they are used; (b) ensure that any maintenance and repairs are performed in accordance with the manufacturer’s recommendations; (c) keep, for a period of two years, a record of any inspection and maintenance, including the date the inspection or maintenance was carried out and the name of the person who did it; and (d) keep, for as long as the anchor points and permanently installed suspended platforms are used, a record of the modifications or repairs made to them, including the day the work was done and the name of the person who did it. SOR/2000-374, s. 2; SOR/2022-94, s. 5(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION I Buildings Temporary Heating Sections 2.17-2.18 Temporary Heating 2.17 (1) Subject to subsection (2), where a high-capacity portable open-flame heating device is used in an enclosed work place, the heating device shall (a) be located, protected and used so that there is no hazard of igniting tarpaulins, wood or other combustible materials near the heating device; (b) be used only when there is ventilation provided; (c) be located so as to be protected from accidental contact, damage or overturning; and (d) not restrict a means of exit. (2) Where the heating device does not provide complete combustion of the fuel used in connection with it, it shall be equipped with an exhaust system that discharges the products of combustion outside the enclosed work place. SOR/2000-374, s. 2. DIVISION II Towers, Antennas and AntennaSupporting Structures 2.18 (1) No employee shall climb a tower, an antenna or an antenna-supporting structure unless (a) the employer has authorized the employee to do so; (b) the employee has been trained and instructed in a safe method of climbing; and (c) the employer has provided a personal fall-protection system in accordance with Part XII. (2) No employee shall climb or work on a tower, an antenna or an antenna-supporting structure (a) when weather conditions are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee; or (b) if the physical condition of the tower, antenna or antenna-supporting structure is likely to be hazardous to the health or safety of the employee. SOR/2000-374, s. 2; SOR/2002-208, s. 41; SOR/2019-243, s. 2; SOR/2019-246, s. 10(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION II Towers, Antennas and Antenna-Supporting Structures Sections 2.19-2.23 2.19 Where reasonably practicable, the design and construction of every tower, antenna and antennasupporting structure the construction of which begins on or after the day of the coming into force of this section shall meet the requirements of CSA Standard CAN/CSAS37-94, entitled Antennas, Towers, and Antenna-Supporting Structures, as amended from time to time. SOR/2000-374, s. 2; SOR/2022-94, s. 5(F). DIVISION III HVAC Systems Application 2.20 Sections 2.21 to 2.24 apply to every work place that is equipped with an HVAC system and that is under the employer’s control. SOR/2000-374, s. 2; SOR/2011-206, s. 2; SOR/2014-142, s. 1(E). Standards 2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time. SOR/2000-374, s. 2. 2.22 If feasible, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if (a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or (b) the use of a building or portion of a building differs from the use for which the HVAC system was designed. SOR/2000-374, s. 2; SOR/2019-246, s. 11. Records 2.23 (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION III HVAC Systems Records Sections 2.23-2.24 (2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building. (3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall, if feasible, keep and make readily available all records required by subsections (1) and (2). SOR/2000-374, s. 2; SOR/2019-246, s. 12. Operation, Inspection, Testing, Cleaning and Maintenance 2.24 (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies. In writing the instructions, the qualified person shall take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994. (2) The instructions shall (a) [Repealed, SOR/2011-206, s. 3] (b) be readily available; (c) and (d) [Repealed, SOR/2009-147, s. 3] (e) specify the manner of operation of the HVAC system; (f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and (g) be reviewed by a qualified person and, if necessary, amended (i) when modifications to the HVAC system are carried out in accordance with section 2.22, (ii) when the standard referred to in section 2.21 is amended, (iii) when the an investigation carried out in accordance with section 2.27 has identified that a health or safety hazard exists, or (iv) at least every five years. (3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a health or safety hazard exists, the instructions shall be developed and made readily available without delay. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION III HVAC Systems Operation, Inspection, Testing, Cleaning and Maintenance Sections 2.24-2.27 (4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation. (5) The report shall be kept readily available by the employer for a period of at least five years and shall (a) specify the date and type of work performed, and the identity of the person who performed it; (b) identify the components of the HVAC system or portion of an HVAC system involved; and (c) record test results, any deficiencies observed and the actions taken to correct them. SOR/2000-374, s. 2; SOR/2002-208, s. 39; SOR/2009-147, s. 3; SOR/2011-206, s. 3; SOR/ 2022-94, s. 5(F). 2.25 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies. SOR/2000-374, s. 2; SOR/2009-147, s. 4(F); SOR/2019-246, s. 13. 2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom health or safety concerns regarding the indoor air quality in the work place can be directed. SOR/2000-374, s. 2; SOR/2002-208, s. 42. Investigations 2.27 (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the health or safety of an employee in the work place is or may be endangered by the air quality. (2) The procedure shall include the following steps: (a) a review of the nature and number of health or safety complaints; (b) a visual inspection of the work place; (c) the inspection of the HVAC system for cleanliness, operation and performance; (d) a review of the maintenance schedule for the HVAC system; (e) the assessment of building use as compared to the use for which it was designed; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART II Permanent Structures DIVISION III HVAC Systems Investigations Sections 2.27-3.1 (f) the assessment of actual level of occupancy as compared to the level for which the building was designed; (g) the determination of potential sources of contaminants; (h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary; (i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and (j) the identification of the standards or guidelines to be used in evaluating test results. (3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide. (4) Where the health or safety of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1). (5) The investigation shall be carried out in consultation with the work place committee or the health and safety representative. (6) If feasible, the employer shall, in consultation with the work place committee or the health and safety representative, remove or control any health or safety hazard that is identified in the course of the investigation. (7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years. SOR/2000-374, s. 2; SOR/2002-208, ss. 7, 40, 42; SOR/2019-246, s. 14. PART III Temporary Structures and Excavations Application 3.1 This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART III Temporary Structures and Excavations Application Sections 3.1-3.7 employees and temporary elevated platforms used for materials. General 3.2 No employee shall use a temporary structure if it is feasible to use a permanent structure. SOR/94-263, s. 9(F); SOR/2019-246, s. 15. 3.3 No employee shall work on a temporary structure in rain, snow, hail or an electrical or wind storm that is likely to be hazardous to the health or safety of the employee, except if the work is required to remove a hazard or to rescue an employee. SOR/2002-208, s. 8. 3.4 Tools, equipment and materials used on a temporary structure shall be arranged or secured in such a manner that they cannot be knocked off the structure accidentally. SOR/88-632, s. 6(F). 3.5 No employee shall use a temporary structure unless (a) he has authority from his employer to use it; and (b) he has been trained and instructed in its safe and proper use. SOR/2019-246, s. 16(F). 3.6 (1) Prior to a work shift, a qualified person shall make a visual safety inspection of every temporary structure to be used during that shift. (2) Where an inspection made in accordance with subsection (1) reveals a defect or condition that adversely affects the structural integrity of a temporary structure, no employee shall use the temporary structure until the defect or condition is remedied. SOR/2002-208, s. 9(F). Barricades 3.7 Where a person or a vehicle may come into contact with a temporary structure, a person shall be positioned at the base of the temporary structure or a highly visible barricade shall be installed around it to prevent any such contact. SOR/96-525, s. 9; SOR/2019-246, s. 17(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART III Temporary Structures and Excavations Guardrails and Toe Boards Sections 3.8-3.9 Guardrails and Toe Boards 3.8 (1) Guardrails and toe boards shall be installed at every open edge of a platform of a temporary structure. (2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in sections 2.12 and 2.13. SOR/2000-374, s. 3. Temporary Stairs, Ramps and Platforms 3.9 (1) Subject to subsection 3.10(3), temporary stairs, ramps and platforms shall be designed, constructed and maintained to support any load that is likely to be imposed on them and to allow safe passage of persons and equipment on them. (2) Temporary stairs shall have (a) uniform steps in the same flight; (b) a slope not exceeding 1.2 in 1; and (c) a hand-rail that is not less than 900 mm and not more than 1 100 mm above the stair level on open sides including landings. (3) Temporary ramps and platforms shall be (a) securely fastened in place; (b) braced if necessary to ensure their stability; and (c) provided with cleats or surfaced in a manner that provides a safe footing for employees. (4) A temporary ramp shall be so constructed that its slope does not exceed (a) where the temporary ramp is installed in the stairwell of a building not exceeding two storeys in height, 1 in 1, if cross cleats are provided at regular intervals not exceeding 300 mm; and (b) in any other case, 1 in 3. SOR/2019-246, s. 18(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART III Temporary Structures and Excavations Scaffolds Sections 3.10-3.11 Scaffolds 3.10 (1) The erection, use, dismantling or removal of a scaffold shall be carried out by or under the supervision of a qualified person. (2) The footings and supports of every scaffold shall be capable of carrying, without dangerous settling, all loads that are likely to be imposed on them. (3) Every scaffold shall be capable of supporting at least four times the load that is likely to be imposed on it. (4) The platform of every scaffold shall be at least 480 mm wide and securely fastened in place. SOR/2019-246, s. 19(F). Portable Ladders 3.11 (1) Commercially manufactured portable ladders shall meet the standards set out in CSA Standard CAN3Z11-M81, Portable Ladders, the English version of which is dated September, 1981, as amended to March, 1983 and the French version of which is dated August, 1982, as amended to June, 1983. (2) Subject to subsection (3), every portable ladder shall, while being used, (a) be placed on a firm footing; and (b) be secured in such a manner that it cannot be dislodged accidentally from its position. (3) Where, because of the nature of the location or of the work being done, a portable ladder cannot be securely fastened in place, it shall, while being used, be sloped so that the base of the ladder is not less than one-quarter and not more than one-third of the length of the ladder from a point directly below the top of the ladder and at the same level as the base. (4) Every portable ladder that provides access from one level to another shall extend at least three rungs above the higher level. (5) Metal or wire-bound portable ladders shall not be used if there is a risk that they could come into contact with any live electrical circuit or equipment. (6) No employee shall work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any portable step ladder. SOR/88-632, s. 7(F); SOR/2019-246, s. 20(E); SOR/2022-94, s. 5(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART III Temporary Structures and Excavations Portable Ladders Sections 3.11-3.13 Excavation 3.12 (1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of all underground pipes, cables and conduits in the area where the work is to be done. (2) Where an excavation or trench constitutes a hazard to employees, a highly visible barricade shall be installed around it. (3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45° or more to the horizontal (a) the walls of the tunnel, excavation or trench, and (b) the roof of the tunnel shall be supported by shoring and bracing that is installed as the tunnel, excavation or trench is being excavated. (4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses. (5) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person. (6) Tools, machinery, timber, excavated materials or other objects shall not be placed within 1 m from the edge of an excavation or trench. SOR/96-525, s. 10. Safety Nets 3.13 (1) If there is a risk that tools, equipment or materials could fall onto or from a temporary structure, the employer shall provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART III Temporary Structures and Excavations Safety Nets Sections 3.13-4.2 (2) The design, construction and installation of a safety net referred to in subsection (1) shall meet the standards set out in ANSI Standard ANSI A10.11-1979, American National Standard for Safety Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979. SOR/2019-246, s. 21(E). Housekeeping 3.14 Every platform, hand-rail, guardrail and work area on a temporary structure used by an employee shall be kept free of accumulations of ice and snow while the temporary structure is in use. 3.15 The floor of a temporary structure used by an employee shall be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip. PART IV Elevating Devices Application 4.1 This Part does not apply to elevating devices used in the underground workings of mines. Standards 4.2 (1) Every elevating device and every safety device attached thereto shall (a) meet the standards set out in the applicable CSA standard referred to in subsection (2) if feasible; and (b) be used, operated and maintained in accordance with the standards set out in the applicable CSA standard referred to in subsection (2). (2) For the purposes of subsection (1), the applicable CSA standard for (a) elevators, dumbwaiters, escalators and moving walks is CSA Standard CAN3-B44-M85, Safety Code for Elevators, other than clause 9.1.4 thereof, the English version of which is dated November 1985 and the French version of which is dated March 1986; (b) manlifts is CSA Standard B311-M1979, Safety Code for Manlifts, the English version of which is dated October, 1979 and the French version of which is Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IV Elevating Devices Standards Sections 4.2-4.6 dated July, 1984 and Supplement No. 1-1984 to B311M1979, the English version of which is dated June, 1984 and the French version of which is dated August, 1984; and (c) elevating devices for the handicapped is CSA Standard CAN3-B355-M81, Safety Code for Elevating Devices for the Handicapped, the English version of which is dated April, 1981 and the French version of which is dated December, 1981. SOR/88-632, s. 8; SOR/94-263, s. 10; SOR/2019-246, s. 22; SOR/2022-94, s. 5(F). Use and Operation 4.3 No elevating device shall be used or operated with a load in excess of the load that it was designed and installed to move safely. 4.4 (1) Subject to subsection (3), no elevating device shall be used or operated while any safety device attached to it is inoperative. (2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative. (3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person. SOR/2021-122, s. 1(E). Inspection and Testing 4.5 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that the prescribed standards are met (a) before the elevating device and the safety device attached to it are operated; (b) after an alteration to the elevating device or a safety device attached thereto; and (c) once every 12 months. SOR/2021-122, s. 2(E). 4.6 (1) A record of each inspection and test made in accordance with section 4.5 shall Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IV Elevating Devices Inspection and Testing Sections 4.6-5.1 (a) be signed by the person who made the inspection and test; (b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and (c) set out the observations of the person inspecting and testing the elevating device and safety device on the safety of the devices. (2) Every record referred to in subsection (1) shall be made by the employer and kept by him in the work place in which the elevating device is located for a period of two years after the date on which it is signed in accordance with paragraph (1)(a). Repair and Maintenance 4.7 Repair and maintenance of elevating devices or safety devices attached thereto shall be performed by a qualified person appointed by the employer. PART V Boilers and Pressure Vessels Interpretation 5.1 The definitions in this section apply in this Part. Boiler Code means CSA Standard B51-97, Boiler, Pressure Vessel, and Pressure Piping Code, the English version of which is dated September 1997 and was amended in February 1998 and the French version of which is dated September 1998. (Code des chaudières) high pressure boiler means a boiler in which steam, gas or vapour is generated at more than one atmosphere of pressure or a boiler containing liquid that has a working pressure exceeding 1,100 kPa or an operating temperature exceeding 121°C. (chaudièreà haute pression) inspector means a person recognized under the laws of any province or by the National Board of Boiler and Pressure Vessel Inspectors as qualified to inspect boilers, pressure vessels and pressure piping systems. (inspecteur) low pressure hot water boiler means a hot water boiler that has a pressure not exceeding 1,100 kPa and an Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Interpretation Section 5.1 operating temperature not exceeding 121°C. (chaudière à eau chaude basse pression) low pressure organic fluid boiler means a boiler that contains an organic fluid, that has an operating temperature not exceeding 343°C and that has no valves or other obstructions to prevent circulation of the organic fluid between the boiler and an expansion tank that is fully vented to the atmosphere. (chaudière à basse pression contenant un hydrocarbure) low pressure steam boiler means a boiler that operates at a steam pressure not exceeding one atmosphere of pressure. (chaudière à vapeur d’eau basse pression) low working pressure hot water boiler [Repealed, SOR/2009-147, s. 5] maximum allowable working pressure means the maximum working pressure that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (pression de fonctionnement maximale autorisée) maximum temperature means the maximum temperature that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (température maximale) NDT technician means a person who performs nondestructive testing and who is certified to carry out such testing. (technicien END) pipeline has the same meaning as in section 2 of the Canadian Energy Regulator Act, but does not include boilers. (pipeline) pressure piping system means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that contains a gas, vapour or liquid and is connected to a boiler or pressure vessel. (réseau de canalisations sous pression) unfired boiler means a boiler in which steam or other vapour is generated by a source of heat other than combustion and includes an electric boiler. (chaudière sans combustion) waste heat boiler means an indirect-fired boiler that utilizes waste gases produced by the primary process to generate steam. (chaudière à récupération de chaleur) SOR/88-632, s. 9; SOR/2001-284, s. 1; SOR/2009-147, s. 5(E); SOR/2014-142, s. 2; SOR/ 2021-122, s. 3; SOR/2022-94, s. 5(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Application Sections 5.2-5.4 Application 5.2 This Part does not apply to (a) a heating boiler that has a wetted heating surface of 3 m2 or less; (b) a pressure vessel that has a capacity of 40 L or less; (c) a pressure vessel that is installed for use at a pressure of one atmosphere of pressure or less; (d) a pressure vessel that has an internal diameter of 152 mm or less; (e) a pressure vessel that has an internal diameter of 610 mm or less and that is used to store hot water; (f) a pressure vessel that has an internal diameter of 610 mm or less connected to a water pumping system and that contains compressed air which serves as a cushion; (g) a hydropneumatic tank that has an internal diameter of 610 mm or less; (h) an interprovincial or international pipeline; or (i) a refrigeration plant that has a capacity of 18 kW or less. SOR/2001-284, s. 1. Fabrication and Installation Standards 5.3 Every boiler, pressure vessel and pressure piping system used in a work place shall, if feasible, meet the standards relating to design, construction, testing, stamping, nameplates, fabrication inspection and installation set out in clauses 4.15 to 4.18 and 5.1 to 9.1 of Part I of the Boiler Code. SOR/94-263, s. 11; SOR/2001-284, s. 1; SOR/2019-246, s. 23. 5.4 (1) Every boiler and pressure vessel shall have at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel. (2) When two or more boilers or pressure vessels are connected and are used at a common operating pressure, they shall each be fitted with at least one safety valve or Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Fabrication and Installation Standards Sections 5.4-5.6 other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel that has the lowest maximum allowable working pressure. SOR/2001-284, s. 1. Use, Operation, Repair, Alteration and Maintenance 5.5 (1) An employer shall ensure that a qualified person, charged with the operation of a boiler, is in attendance and readily available at all times while the boiler is in operation and other employees are normally present in the same building as a boiler. (2) The attendance referred to in subsection (1) is not required if (a) the boiler is equipped with a fail-safe device and an automated warning device that will ensure the safe operation of the boiler and its shutdown if required, and that are installed in such a manner that they (i) cannot be rendered inoperative, and (ii) can be tested under operating conditions; and (b) the boiler is rated below 2,000 kW in the case of a high pressure boiler, and below 3,000 kW in the case of a low pressure boiler, which includes a low pressure hot water boiler, a low pressure organic fluid boiler and a low pressure steam boiler. (3) When a boiler is shut down by a device referred to in paragraph (2)(a), the boiler shall not be restarted unless it has been examined by a qualified person and the cause of the shutdown rectified. SOR/88-632, s. 10(F); SOR/2001-284, s. 1; SOR/2014-142, s. 3(F). 5.6 Every boiler, pressure vessel and pressure piping system in use at a work place shall be operated, maintained and repaired only by a qualified person. SOR/2001-284, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Use, Operation, Repair, Alteration and Maintenance Sections 5.7-5.10 5.7 All repairs and welding of boilers, pressure vessels and pressure piping systems shall be carried out in accordance with the standards referred to in clauses 6.1, 7.1 and 8.1 of Part I of the Boiler Code. SOR/2001-284, s. 1. 5.8 No person shall alter, interfere with or render inoperative any fitting attached to a boiler or pressure vessel except for the purpose of adjusting or testing the fitting. SOR/2001-284, s. 1; SOR/2009-147, s. 6(F). 5.9 (1) The factor of safety of a high pressure lap-seam riveted boiler, shall be increased by at least 0.1 each year after 20 years of use. (2) If the boiler is relocated at any time, it shall not be operated at a pressure that is more than one atmosphere of pressure. SOR/2001-284, s. 1. Inspections 5.10 (1) No person shall use a boiler, pressure vessel or pressure piping system unless it has been inspected by an inspector in accordance with subsection (2) and it has been certified by the inspector as safe for its intended use as stated in the declaration referred to in subparagraph 5.18(2)(b)(v). (2) The inspector shall (a) inspect every boiler, pressure vessel and pressure piping system (i) after it is installed and before it is used for the first time, (ii) after any welding, alteration or repair is carried out on it, and (iii) in accordance with section 5.11, 5.12 or 5.16; and (b) make a record of each inspection in accordance with section 5.18. (3) A person who operates, repairs or maintains a boiler, pressure vessel or pressure piping system or any part of it may not inspect the boiler, pressure vessel or pressure piping system for the purposes of subsection (2). SOR/2001-284, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Inspections Section 5.11 5.11 (1) Every high pressure boiler and every low pressure steam boiler in use at a work place shall be inspected (a) externally, at least once each year; and (b) internally, at least once every two years. (2) Every low pressure hot water boiler and every unfired boiler in use at a work place shall be inspected (a) externally, at least once every two years; and (b) internally, at least once every four years. (3) Every low pressure organic fluid boiler in use at a work place shall be inspected (a) externally, at least once every two years; and (b) internally, at least once every three years. (4) Every waste heat boiler in use at a work place shall be inspected (a) externally, at least once every year; and (b) internally, (i) at least once every two years, or (ii) where ultrasonic thickness measurements are performed annually by an NDT technician, at least once every three years. (5) Pressure vessels, other than buried pressure vessels, that have a corrosion rate exceeding 0.1 mm of metal loss per year shall be inspected (a) externally, at least once every year; and (b) internally, (i) at least once every two years, or Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Inspections Section 5.11 (ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every three years. (6) Pressure vessels, other than buried pressure vessels, that have a corrosion not exceeding 0.1 mm of metal loss per year shall be inspected (a) externally, at least once every year; and (b) internally, (i) at least once every four years, or (ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every six years. (7) Air receivers shall be inspected (a) externally, at least once every year; and (b) internally, at least once every five years. (8) If the known corrosion rate of a pressure vessel is zero, internal inspection is not necessary provided that complete external inspections, including nondestructive thickness measurements performed by an NDT technician, are made at least once every two years on the pressure vessel and the following conditions are met: (a) the non-corrosive nature of the service conditions, including the effect of trace components, has been established by at least five continuous years of comparable service experience with the fluid being handled; (b) the periodic external inspection indicates that the condition of the pressure vessel does not warrant any further investigation; (c) the operating temperature and pressure of the pressure vessel does not exceed the lower limits for the creep rupture range of the vessel metal; and (d) the pressure vessel is protected against inadvertent contamination, and there is no evidence of contamination. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Inspections Sections 5.11-5.16 (9) If a pressure vessel is used to store anhydrous ammonia, the internal inspection frequency referred to in paragraph (5)(b) may be replaced by an internal inspection conducted at least once every five years if, at the same time, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure is conducted. SOR/2001-284, s. 1; SOR/2014-142, s. 4(F). 5.12 Every boiler, pressure vessel and pressure piping system in use at a work place shall be inspected by an inspector more frequently than it is provided for in section 5.11, if it is necessary to ensure that the boiler, pressure vessel or pressure piping system is safe for its intended use. SOR/88-632, s. 11; SOR/94-263, s. 12; SOR/2001-284, s. 1. 5.13 For the purposes of subsections 5.11(5), (6) and (8), the corrosion rate shall be determined from actual metal loss during the last appropriate inspection period specified in the subsections. SOR/88-632, s. 12(F); SOR/2001-284, s. 1. 5.14 Stationary or portable air receivers used in the railway industry, instead of being inspected in accordance with subsection 5.11(7) and a record completed in accordance with section 5.18, may be inspected and tested and a record filed in accordance with TC-0-010, Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Motive Power Equipment) made by the Railway Association of Canada and approved by the Minister of Transport on December 5, 1994. SOR/88-632, s. 13(F); SOR/2001-284, s. 1. 5.15 If a pressure vessel that contains materials hazardous to human health or the environment is to be emptied before being inspected, it shall be emptied and inspected in a manner that does not pose a risk to human health or the environment. SOR/2001-284, s. 1. Buried Pressure Vessels 5.16 (1) The installation of a buried pressure vessel shall meet the requirements set out in Appendix A to Part I of the Boiler Code. (2) Notice of the proposed backfilling shall be given to the Head of Compliance and Enforcement before backfilling is done over a pressure vessel. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Buried Pressure Vessels Sections 5.16-5.18 (3) If test plates are used as an indication of corrosion of a buried pressure vessel, the test plates and, subject to subsection (4), the pressure vessel shall be completely uncovered and inspected by an inspector at least once every three years. (4) If, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies the Head of Compliance and Enforcement in writing of the condition of the test plates and of the proposed inspection schedule for the pressure vessel. (5) Every buried pressure vessel shall be completely uncovered and inspected at least once every 15 years. SOR/88-632, s. 15(F); SOR/2001-284, s. 1; SOR/2009-147, s. 7(F); SOR/2014-148, s. 3; SOR/2021-118, s. 6. Records and Reports 5.17 The employer shall keep a record of every boiler, pressure vessel and pressure piping system to which this Part applies and that is under the employer’s control. SOR/88-632, s. 16(F); SOR/2001-284, s. 1; SOR/2019-246, s. 24(E). 5.18 (1) A report of each inspection carried out under sections 5.10 to 5.16 shall be completed by the inspector who carried out the inspection. (2) Every report referred to in subsection (1) (a) shall be signed by the inspector who carried out the inspection; and (b) shall include (i) the date of the inspection, (ii) the identification and location of the boiler, pressure vessel or pressure piping system that was inspected, (iii) the maximum allowable working pressure and the maximum temperature at which the boiler or pressure vessel may be operated, (iv) a declaration as to whether the boiler, pressure vessel or pressure piping system meets the standards prescribed by this Part, (v) a declaration as to whether the boiler, pressure vessel or pressure piping system is safe for its intended use, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART V Boilers and Pressure Vessels Records and Reports Sections 5.18-6.1 (vi) a list of any defects or deficiencies the inspector has observed in the condition or operating and maintenance practices of the boiler, pressure vessel or pressure piping system, and (vii) any other observation that the inspector considers relevant to the safety of employees. (3) The employer shall keep readily available every record of inspection for the last two inspection periods and on the request of the work place committee or the health and safety representative, shall provide the work place committee or the health and safety representative with a copy. SOR/2001-284, s. 1; SOR/2019-246, s. 25(F). PART VI Lighting Interpretation 6.1 (1) In this Part, aerodrome apron means that part of a land aerodrome intended to accommodate the loading and unloading of passengers and cargo and the refuelling, servicing, maintenance and parking of aircraft; (aire de trafic) aircraft stand means that part of an aerodrome apron intended to be used for the parking of aircraft for the purpose of loading or unloading passengers and providing ground services; (poste de stationnement) primary grain elevator means a grain elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding; (installation primaire) task position means a position at which a visual task is performed; (poste de travail) VDT means a visual display terminal. (TEV) (2) For the purposes of this Part, 1 lx is equal to .0929 fc. SOR/89-515, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting Application Sections 6.2-6.7 Application 6.2 This Part does not apply in respect of lighting in any underground portion of a coal mine. SOR/89-515, s. 1. Measurement of Average Levels of Lighting 6.3 For the purposes of sections 6.4 to 6.10, the average level of lighting at a task position or in an area shall be determined (a) by making four measurements at different places representative of the level of lighting at the task position or, in an area, representative of the level of lighting 1 m above the floor of the area; and (b) by dividing the aggregate of the results of those measurements by four. SOR/89-515, s. 1. Lighting — Office Areas 6.4 The average level of lighting at a task position or in an area set out in Column I of an item of Schedule I, other than a task position or area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1. Lighting — Industrial Areas 6.5 The average level of lighting in an area set out in Column I of an item of Schedule II, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1. Lighting — General Areas 6.6 The average level of lighting in an area set out in Column I of an item of Schedule III, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1. Lighting — VDT 6.7 (1) The average level of lighting at a task position or in an area set out in Column I of an item of Schedule IV shall not be more than the level set out in Column II of that item. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting Lighting — VDT Sections 6.7-6.10 (2) Reflection glare on a VDT screen shall be reduced to the point where an employee at a task position is able to (a) read every portion of any text displayed on the screen; and (b) see every portion of the visual display on the screen. (3) Where VDT work requires the reading of a document, supplementary lighting shall be provided where necessary to give a level of lighting of at least 500 lx on the document. SOR/89-515, s. 1. Lighting — Aerodrome Aprons and Aircraft Stands 6.8 (1) Subject to subsection (2), the average level of lighting at a task position on an aerodrome apron shall not be less than 10 lx. (2) The average level of lighting at a task position on an aircraft stand shall not be less than 20 lx. SOR/89-515, s. 1. Lighting — Artefactual Exhibits and Archival Materials 6.9 The average level of lighting in an area in which artefactual exhibits or archival materials are handled or stored shall not be less than 50 lx. SOR/89-515, s. 1. Emergency Lighting 6.10 (1) Emergency lighting shall be provided to illuminate the following areas within buildings: (a) exits and corridors; (b) principal routes providing access to exits in open floor areas; and (c) floor areas where employees normally congregate. (2) Except in the case of a primary grain elevator in which hand-held lamps are used for emergency lighting, all emergency lighting provided in accordance with subsection (1) shall Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting Emergency Lighting Sections 6.10-6.11 (a) operate automatically in the event that the regular power supply to the building is interrupted; (b) provide an average level of lighting of not less than 10 lx; and (c) be independent of the regular power source. (3) Where a generator is used as a power source for emergency lighting, the inspection, testing and maintenance of the generator shall be in accordance with the requirements referred to in section 6.7 of the National Fire Code, as amended from time to time. (4) Where a central storage battery system is used as a power source for emergency lighting or where emergency lighting is provided by a self-contained emergency lighting unit, the battery system or the unit shall be tested (a) monthly by hand; and (b) annually under simulated power failure or electrical fault conditions. (5) Where a battery, other than a hermetically sealed battery, is tested in accordance with paragraph (4)(a), the electrolyte level of the battery shall be checked and, if necessary, adjusted to the proper level. (6) Where a self-contained emergency lighting unit is tested in accordance with paragraph (4)(b), all lamps forming part of the unit shall be operated for the time period set out in Sentence 3.2.7.3(2) of the National Building Code, as amended from time to time, that is applicable to the class of buildings to which the building in which the unit is installed belongs. (7) Every employer shall make a record of the results of each test performed in accordance with subsection (3) or (4) and keep the record for two years after the test. SOR/89-515, s. 1. Minimum Levels of Lighting 6.11 (1) Subject to subsections (2) to (4), the level of lighting at any place at a task position or in an area that may be measured for the purposes of section 6.3 shall not be less than one third of the level of lighting prescribed by this Part for that task position or area. (2) The level of lighting at any place at a task position or in an area set out in Column I of item 8 or 9 of Schedule III or Column I of item 1 of Schedule IV that may be measured for the purposes of section 6.3 shall not be less Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting SCHEDULE I Section 6.11 than one tenth of the level of lighting prescribed by this Part for that task position or area. (3) The level of lighting at any place at a task position referred to in section 6.8 that may be measured for the purposes of section 6.3 shall not be less than one quarter of the level of lighting prescribed by this Part for that task position. (4) In a building the construction of which is commenced after October 31, 1990, the level of emergency lighting at any place in an area referred to in subsection 6.10(1) that may be measured for the purposes of section 6.3 shall not be less than 0.25 lx. SOR/89-515, s. 1. SCHEDULE I (Section 6.4) Levels of Lighting in Office Areas Column I Column II Item Task position or area Level in lx DESK WORK (a) Task positions at which cartography, designing, drafting, plan-reading or other very diffi‐ cult visual tasks are performed .. 1 000 (b) Task positions at which business machines are operated or stenography, accounting, typing, filing, clerking, billing, continuous reading or writing or other difficult visual tasks are performed .......................................... 500 OTHER OFFICE WORK Conference and interview rooms, file storage areas, switchboard or reception areas or other areas where ordinary visual tasks are performed ........................................... 300 SERVICE AREAS (a) Stairways and corridors that are (i) used frequently................. 100 (ii) used infrequently............. 50 (b) Stairways that are used only in emergencies ............................. 30 SOR/89-515, s. 1. SCHEDULE II (Section 6.5) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting SCHEDULE II Section 6.11 Levels of Lighting in Industrial Areas Column I Column II Item Area Level in lx GARAGES (a) Main repair and maintenance areas, other than those referred to in paragraph (b) ....................... 300 (b) Main repair and maintenance areas used for repairing and maintaining cranes, bulldozers and other major equipment .. 150 (c) General work areas adjacent to a main repair and maintenance area referred to in paragraph (b) ....................................... 50 (d) Fuelling areas ......................... 150 (e) Battery rooms ........................ 100 (f) Other areas in which there is (i) a high or moderate level of activity ................................ 100 (ii) a low level of activity ...... 50 LABORATORIES (a) Areas in which instruments are read and where errors in such reading may be hazardous to the health or safety of an employee ............................................ 750 (b) Areas in which a hazardous substance is handled ................... 500 (c) Areas in which laboratory work requiring close and prolonged attention is performed .... 500 (d) Areas in which other laboratory work is performed ................ 300 LOADING PLATFORMS, STORAGE ROOMS AND WAREHOUSES (a) Areas in which packages are frequently checked or sorted ...... 250 (b) Areas in which packages are infrequently checked or sorted ... 75 (c) Docks (indoor and outdoor), piers and other locations where packages or containers are loaded or unloaded ............................. 150 (d) Areas in which grain or granular material is loaded or unloaded in bulk ............................... 30 (e) Areas in which goods are stored in bulk or where goods in storage are all of one kind ........... 30 (f) Areas where goods in storage are of different kinds ............. 75 (g) Any other area ....................... 10 MACHINE AND WOODWORKING SHOPS (a) Areas in which medium or fine bench or machine work is performed ..................................... 500 (b) Areas in which rough bench or machine work is performed .... 300 (c) Any other area ....................... 200 Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting SCHEDULE II Section 6.11 Column I Column II Item Area Level in lx MANUFACTURING AND PROCESSING AREAS (a) Major control rooms or rooms with dial displays ............. 500 (b) Areas in which a hazardous substance is processed, manufactured or used (i) in main work areas ........... 500 (ii) in surrounding areas ....... 200 (c) Areas in which substances that are not hazardous substances are processed, manufactured or used or where automatically controlled equipment operates (i) in main work areas ........... 100 (ii) in surrounding areas ....... 50 SERVICE AREAS (a) Stairways and elevating devices that are (i) used frequently ................. 100 (ii) used infrequently ............ 50 (b) Stairways that are used only in emergencies ............................. 30 (c) Corridors and aisles that are used by persons and mobile equipment (i) at main intersections ........ 100 (ii) at other locations ............. 50 (d) Corridors and aisles that are used by mobile equipment only . 50 (e) Corridors and aisles that are used by persons only and are (i) used frequently by employees .................................... 50 (ii) used infrequently by employees .................................... 30 Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting SCHEDULE III Section 6.11 SOR/88-68, s. 14; SOR/89-515, s. 1; SOR/94-263, s. 13; SOR/96-525, s. 11; SOR/2002-208, ss. 40, 43(F). SCHEDULE III (Section 6.6) Levels of Lighting — General Areas Column I Column II Item Area Level in lx BUILDING EXTERIORS (a) Entrances and exits that are (i) used frequently ................. 100 (ii) used infrequently ............ 50 (b) Passageways used by persons (i) at vehicular intersections . 30 (ii) at other locations ............. 10 (c) Areas used by persons and mobile equipment in which there is (i) a high or moderate level of activity ................................ 20 (ii) a low level of activity ...... 10 (d) Storage areas in which there is (i) a high or moderate level of activity ................................ 30 (ii) a low level of activity ...... 10 FIRST AID ROOMS (a) in treatment and examination area ........................................ 1 000 (b) in other areas ......................... 500 FOOD PREPARATION AREAS ........... 500 PERSONAL SERVICE ROOMS ........... 200 BOILER ROOMS .................................. 200 ROOMS IN WHICH PRINCIPAL HEATING, VENTILATION OR AIR CONDITIONING EQUIPMENT IS INSTALLED ......................................... 50 EMERGENCY SHOWER FACILITIES AND EMERGENCY EQUIPMENT LOCATIONS ........................................ 50 PARKING AREAS (a) Covered .................................. 50 (b) Open ....................................... 10 LOBBIES AND ATRIA ......................... 100 SOR/89-515, s. 1; SOR/96-525, s. 12. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VI Lighting SCHEDULE IV Section 7.1 SCHEDULE IV (Section 6.7) Levels of Lighting — VDT Work Column I Column II Item Task position or area Level in lx VDT WORK (a) Task positions at which data entry and retrieval work are performed intermittently ................... 500 (b) Task positions at which data entry work is performed exclusively ............................................. 750 (c) [Repealed, SOR/2008-276, s. 1] (d) Telephone operator areas ..... 300 SOR/89-515, s. 1; SOR/2008-276, s. 1. PART VII Levels of Sound Interpretation 7.1 In this Part, A-weighted sound pressure level means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (niveau de pression acoustique pondérée A) dBA means decibel A-weighted and is a unit of A-weighted sound pressure level; (dBA) large truck [Repealed, SOR/98-589, s. 1] noise exposure level (Lex,8) means 10 times the logarithm to the base 10 of the time integral over any 24 hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa; (niveau d’exposition (Lex,8)) sound level meter means a device for measuring sound pressure level that meets the performance requirements for a Type 2 instrument as specified in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (sonomètre) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VII Levels of Sound Interpretation Sections 7.1-7.3 sound pressure level means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique) SOR/91-448, s. 1; SOR/98-589, s. 1. Measurement and Calculation of Exposure 7.2 (1) For the purposes of this Part, the exposure of an employee to sound shall be measured using an instrument that (a) is recommended for that measurement in clause 4.3 of CSA Standard CAN/CSA-Z107.56-13, Measurement of Noise Exposure; and (b) meets the requirements for such an instrument set out in clause 4 of the Standard referred to in paragraph (a). (2) The exposure of an employee to sound shall be measured in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2, 6.5.4, 6.6.2 and 6.6.4 of the Standard referred to in paragraph (1)(a). (3) For the purposes of this Part, the measurement and calculation of the noise exposure level (Lex, 8) to which an employee is exposed shall take into account the exposure of the employee to A-weighted sound pressure levels of 74 dBA and greater. (4) The measurement and calculation of the noise exposure level (Lex, 8) referred to in subsection (3) may also take into account the exposure of the employee to Aweighted sound pressure levels that are less than 74 dBA. SOR/91-448, s. 1; SOR/2018-247, s. 1; SOR/2022-94, s. 5(F). Hazard Investigation 7.3 (1) Where an employee in a work place may be exposed to an A-weighted sound pressure level equal to or greater than 84 dBA for a duration that is likely to endanger the employee’s hearing, the employer shall, without delay, (a) appoint a qualified person to carry out an investigation of the degree of exposure; and (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VII Levels of Sound Hazard Investigation Section 7.3 (2) [Repealed, SOR/98-589, s. 2] (3) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter. (4) In the investigation referred to in subsection (1), the following matters shall be considered: (a) the sources of sound in the work place; (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of such exposure; (c) the methods being used to reduce this exposure; (d) whether the exposure of the employee is likely to exceed the limits prescribed by section 7.4; and (e) whether the employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA. (5) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall set out in a written report signed and dated by the person (a) observations respecting the matters considered in accordance with subsection (4); (b) recommendations respecting the measures that should be taken in order to comply with sections 7.4 to 7.8; and (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA and not greater than 87 dBA. (6) The report shall be kept by the employer at the work place in respect of which it applies for a period of ten years after the date of the report. (7) Where it is stated in the report that an employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA, the employer shall, without delay, (a) post and keep posted a copy of the report in a conspicuous place in the work place in respect of which it applies; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VII Levels of Sound Hazard Investigation Sections 7.3-7.7 (b) provide the employee with written information describing the hazards associated with exposure to high levels of sound. SOR/91-448, s. 1; SOR/98-589, s. 2; SOR/2002-208, s. 10; SOR/2019-246, s. 26(F). Limits of Exposure 7.4 No employee in a work place shall, in any 24 hour period, be exposed to (a) an A-weighted sound pressure level set out in column I of the schedule for a duration of exposure exceeding the applicable duration set out in column II, or (b) a noise exposure level (Lex 8) that exceeds 87 dBA. SOR/91-448, s. 1; SOR/98-589, s. 3. Reduction of Sound Exposure 7.5 If feasible, every employer shall, by engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to a sound level that does not exceed the limits referred to in section 7.4. SOR/91-448, s. 1; SOR/94-33, s. 2(F); SOR/98-589, s. 4; SOR/2019-246, s. 27. Report to Head of Compliance and Enforcement [SOR/2002-208, s. 11; SOR/2014-148, s. 4; SOR/2021-118, s. 6] 7.6 If it is not feasible for an employer, without providing hearing protectors to maintain an employee’s exposure to a sound level that does not exceed the limits referred to in section 7.4, the employer shall, without delay, (a) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to do so; and (b) provide a copy of the report to the work place committee or the health and safety representative. SOR/91-448, s. 1; SOR/98-589, s. 5; SOR/2002-208, s. 12; SOR/2014-148, s. 5; SOR/ 2019-246, s. 28; SOR/2021-118, s. 6. Hearing Protection 7.7 (1) If an employer is required to make a report in accordance with section 7.6, the employer shall, as soon as feasible, provide every employee who is exposed to the sound level referred to in section 7.4 with a hearing protector that Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VII Levels of Sound Hearing Protection Sections 7.7-7.8 (a) meets the requirements set out in CSA Standard Z94.2-M1984, Hearing Protectors, as amended from time to time; and (b) prevents the exposure to the sound level referred to in section 7.4. (2) Where an employer provides a hearing protector to an employee pursuant to subsection (1), the employer shall (a) in consultation with the work place committee or the health and safety representative, formulate a program to train the employee in the fit, care and use of the hearing protector; and (b) implement the program. (3) Every employer shall ensure that every person, other than an employee, to whom the employer grants access to a work place if the person is likely to be exposed to a sound level that exceeds the limits referred to in section 7.4 uses a hearing protector that meets the standard referred to in paragraph (1)(a). SOR/91-448, s. 1; SOR/94-33, s. 3; SOR/98-589, s. 6; SOR/2002-208, s. 13; SOR/2019-246, s. 29. Warning Signs 7.8 (1) At every work place where an employee may be exposed to an A-weighted sound pressure level greater than 87 dBA, the employer shall, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of sound in the work place. (2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter. SOR/91-448, s. 1; SOR/98-589, s. 7. SCHEDULE (Section 7.4) Maximum Duration of Exposure to A-Weighted Sound Pressure Levels in the Work Place Column I Column II A-weighted sound pressure level (dBA) Maximum duration of exposure in hours per employee per 24 hour period 8.0 6.4 Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VII Levels of Sound SCHEDULE II Section 7.8 Column I Column II A-weighted sound pressure level (dBA) Maximum duration of exposure in hours per employee per 24 hour period 5.0 4.0 3.2 2.5 2.0 1.6 1.3 1.0 0.80 0.64 0.50 0.40 0.32 0.25 0.20 0.16 0.13 0.10 0.080 0.064 0.050 0.040 0.032 0.025 0.020 0.016 0.013 0.010 0.008 0.006 0.005 0.004 SOR/91-448, s. 1; SOR/98-589, s. 8. SCHEDULE II [Repealed, SOR/98-589, s. 9] Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Sections 8.1-8.2 PART VIII Electrical Safety Interpretation 8.1 In this Part, Canadian Electrical Code means (a) CSA Standard C22.1-1990, Canadian Electrical Code, Part I, dated January 1990, and (b) CSA Standard C22.3 No.1-M1979, Overhead Systems and Underground Systems, dated April, 1979; (Code canadien de l’électricité) control device means a device that will safely disconnect electrical equipment from its source of energy; (dispositif de commande) electrical equipment means equipment for the generation, distribution or use of electricity; (outillage électrique) guarantor means a person who gives a guarantee of isolation; (garant) guarded means covered, shielded, fenced, enclosed or otherwise protected by means of suitable covers or casings, barriers, guardrails, screens, mats or platforms to remove the possibility of dangerous contact or approach by persons or objects; (protégé) isolated means separated or disconnected from every source of electrical, hydraulic, pneumatic or other kind of energy that is capable of making electrical equipment dangerous; (isolé) person in charge means an employee who supervises employees performing work on or a live test of isolated electrical equipment. (responsable) SOR/88-632, s. 17(F); SOR/94-263, s. 14; SOR/98-427, s. 1; SOR/2019-246, s. 30(F); SOR/ 2022-94, s. 5(F). Application 8.2 This Part does not apply to the underground workings of mines. SOR/94-263, s. 15. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Standards Sections 8.3-8.5 Standards 8.3 (1) The design, construction and installation of all electrical equipment, if feasible, shall meet the standards set out in the Canadian Electrical Code, Part I. (2) The operation and maintenance of all electrical equipment shall meet the standards set out in the Canadian Electrical Code. SOR/94-263, s. 16; SOR/2019-246, s. 31. Safety Procedures 8.4 (1) All testing or work performed on electrical equipment shall be performed by a qualified person or an employee under the direct supervision of a qualified person. (2) Where the electrical equipment has a voltage in excess of 5,200 V between any two conductors or in excess of 3,000 V between any conductor and ground, (a) the qualified person or the employee referred to in subsection (1) shall use such insulated protection equipment and tools as will protect him from injury during the performance of the work; and (b) the employee referred to in subsection (1) shall be instructed and trained in the use of the insulated protection equipment and tools. SOR/2019-246, s. 32(F). 8.5 (1) Subject to subsections (2) and (3), no employee shall work on electrical equipment unless the equipment is isolated. (2) If it is not feasible to isolate the electrical equipment and an employee is required to work on live equipment, the employer shall instruct the employee in procedures that are safe for live conductors. (3) Where electrical equipment is not live but is capable of becoming live, no employee shall work on the equipment unless (a) procedures that are safe for work on live equipment are used; or (b) a safety ground is connected to the equipment. (4) Subject to subsections (5) and (6), where an employee is working on or near electrical equipment that is live Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Safety Procedures Sections 8.5-8.8 or may become live, the electrical equipment shall be guarded. (5) Subject to subsection (6), if it is not feasible for the electrical equipment referred to in subsection (4) to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from the ground. (6) Where live electrical equipment is not guarded or insulated in accordance with subsection (4) or (5) or where the employee referred to in subsection (5) is not insulated from ground, the employee shall not work so near to any live part of the electrical equipment that is within a voltage range listed in column I of an item of the schedule to this Part that the distance between the body of the employee or any thing with which the employee is in contact and the live part of the equipment is less than (a) the distance set out in column II of that item, where the employee is not a qualified person; or (b) the distance set out in column III of that item, where the employee is a qualified person. (7) No employee shall work near a live part of any electrical equipment referred to in subsection (6) if there is a risk that an unintentional movement by the employee could bring any part of the body of the employee or any thing with which the employee is in contact closer to that live part than the distance referred to in that subsection. SOR/88-632, s. 18(F); SOR/94-263, s. 17(F); SOR/98-427, s. 2; SOR/2002-208, s. 14; SOR/ 2019-246, s. 33. 8.6 No employee shall work on or near high voltage electrical equipment unless he is authorized to do so by his employer. 8.7 A legible sign with the words “Danger — High Voltage” and “Danger — Haute Tension” in letters that are not less than 50 mm in height on a contrasting background shall be posted in a conspicuous place at every approach to live high voltage electrical equipment. Safety Watcher 8.8 (1) Where an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer shall appoint a safety watcher Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Safety Watcher Sections 8.8-8.10 (a) to warn all employees in the work place of the hazard; and (b) to ensure that all safety precautions and procedures are complied with. (2) A safety watcher shall be (a) informed of their duties as a safety watcher and of the hazard involved in the work; (b) trained and instructed in the procedures to follow in the event of an emergency; (c) authorized to stop immediately any part of the work that they consider dangerous; and (d) free of any other duties that might interfere with their duties as a safety watcher. (3) For the purposes of subsection (1), an employer may appoint himself as a safety watcher. SOR/2019-246, s. 34. Coordination of Work 8.9 Where an employee is working on or in connection with electrical equipment, that employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work. Poles and Elevated Structures 8.10 (1) Before an employee climbs a pole or elevated structure that is used to support electrical equipment, the employer shall give instructions and training to the employee respecting inspections and tests of the pole or structure to be carried out before the pole or structure is climbed. (2) Where, as a result of an inspection or test of a pole or elevated structure referred to in subsection (1), it appears to an employee that the pole or structure will be safe for climbing only when temporary supports have been installed, pike-poles alone shall not be used for such supports. (3) No employee shall work on any pole or elevated structure referred to in subsection (1) unless they have been instructed and trained in the rescue of employees who may be injured in the course of the work. SOR/2019-246, s. 35. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Poles and Elevated Structures Sections 8.11-8.12 8.11 Every pole or elevated structure that is embedded in the ground and is used to support electrical equipment shall meet the standards set out in (a) CSA Standard CAN3-015-M83, Wood Utility Poles and Reinforcing Studs, dated January, 1983; or (b) CSA Standard A14-M1979, Concrete Poles, the English version of which is dated September 1979 and the French version of which is dated November 1987. SOR/94-263, s. 18; SOR/2022-94, s. 5(F). Isolation of Electrical Equipment 8.12 (1) Before an employee isolates electrical equipment or changes or terminates the isolation of electrical equipment, the employer shall issue written instructions with respect to the procedures to be followed for the safe performance of that work. (2) The instructions referred to in subsection (1) shall be signed by the employer and shall specify (a) the date and hour when the instructions are issued; (b) the date and hour of the commencement and of the termination of the period during which the instructions are to be followed; (c) the name of the employee to whom the instructions are issued; and (d) where the instructions are in respect of the operation of a control device that affects the isolation of the electrical equipment, (i) the device to which the instructions apply, and (ii) where applicable, the correct sequence of procedures. (3) A copy of the instructions referred to in subsection (1) shall be shown and explained to the employee. (4) The instructions referred to in subsection (1) shall be kept readily available for examination by employees for the period referred to in paragraph (2)(b) and thereafter shall be kept by the employer for a period of one year at his place of business nearest to the work place in which the electrical equipment is located. SOR/88-632, s. 19(F); SOR/2019-246, s. 36(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Isolation of Electrical Equipment Section 8.13 8.13 (1) Subject to subsection (4), no work on or live test of isolated electrical equipment shall be performed unless (a) isolation of the equipment has been confirmed by test; and (b) the employer has determined, on the basis of visual observation, that every control device and every locking device necessary to establish and maintain the isolation of the equipment (i) is set in the safe position with the disconnecting contacts of control devices safely separated or, in the case of a draw-out type electrical switch gear, is withdrawn to its full extent from the contacts of the electrical switch gear, (ii) is locked out, and (iii) bears a distinctive tag or sign designed to notify persons that operation of the control device and movement of the locking device are prohibited during the performance of the work or live test. (2) Where more than one employee is performing any work on or live test of isolated electrical equipment, a separate tag or sign for each such employee shall be attached to each control device and locking device referred to in subsection (1). (3) The tag or sign referred to in subparagraph (1)(b)(iii) or subsection (2) shall (a) contain the words “DO NOT OPERATE — DÉFENSE D’ACTIONNER” or display a symbol conveying the same meaning; (b) show the date and hour that the control device and the locking device referred to in paragraph (1)(b) were set in the safe position or were withdrawn to their full extent from the contacts; (c) show the name of the employee performing the work or live test; (d) where used in connection with a live test, be distinctively marked as a testing tag or sign; (e) be removed only by the employee performing the work or live test; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Isolation of Electrical Equipment Sections 8.13-8.14 (f) be used for no purpose other than the purpose referred to in paragraph (1)(b)(iii). (4) If, because of the nature of the work in which the electrical equipment is being used, it is not feasible to comply with subsection (1), no work on or live test of electrical equipment shall be performed unless a guarantee of isolation referred to in section 8.14 is given to the person in charge. SOR/88-632, s. 20(F); SOR/94-263, s. 19(F); SOR/2019-246, s. 37. Guarantees of Isolation for Electrical Equipment [SOR/88-632, s. 21(F)] 8.14 (1) No employee shall give or receive a guarantee of isolation for electrical equipment unless he is authorized in writing by his employer to give or receive a guarantee of isolation. (2) Not more than one employee shall give a guarantee of isolation for a piece of electrical equipment for the same period of time. (3) Before an employee performs work on or a live test of isolated electrical equipment, the person in charge shall receive from the guarantor (a) a written guarantee of isolation; or (b) if owing to an emergency it is not feasible for the person in charge to receive a written guarantee of isolation, a non-written guarantee of isolation. (4) A written guarantee of isolation referred to in paragraph (3)(a) shall be signed by the guarantor and by the person in charge and shall contain the following information: (a) the date and hour when the guarantee of isolation is given to the person in charge; (b) the date and hour when the electrical equipment will become isolated; (c) the date and hour when the isolation will be terminated, if known; (d) the procedures by which isolation is assured; (e) the name of the guarantor and the person in charge; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Guarantees of Isolation for Electrical Equipment Sections 8.14-8.17 (f) a statement as to whether live tests are to be performed. (5) Where a non-written guarantee of isolation referred to in paragraph (3)(b) is given, a written record thereof shall forthwith (a) be made by the guarantor; and (b) be made and signed by the person in charge. (6) A written record referred to in subsection (5) shall contain the information referred to in subsection (4). (7) Every written guarantee of isolation and every written record referred to in subsection (5) shall be (a) kept by the person in charge readily available for examination by the employee performing the work or live test until the work or live test is completed; (b) given to the employer when the work or live test is completed; and (c) kept by the employer for a period of one year after the completion of the work or live test at his place of business nearest to the work place in which the electrical equipment is located. SOR/88-632, ss. 21, 22; SOR/94-263, s. 20(F); SOR/96-525, s. 13; SOR/2019-246, s. 38. 8.15 Where a written guarantee of isolation or a written record of an oral guarantee of isolation is given to a person in charge and the person in charge is replaced at the work place by another person in charge before the guarantee has terminated, the other person in charge shall sign the written guarantee of isolation or written record of the oral guarantee of isolation. SOR/88-632, s. 23(F). 8.16 Before an employee gives a guarantee of isolation for electrical equipment that obtains all or any portion of its electrical energy from a source that is not under his direct control, the employee shall obtain a guarantee of isolation in respect of the source from the person who is in direct control thereof and is authorized to give the guarantee in respect thereof. SOR/88-632, s. 23(F). Live Test 8.17 (1) No employee shall give a guarantee of isolation for the performance of a live test on isolated electrical equipment unless Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Live Test Sections 8.17-8.19 (a) any other guarantee of isolation given in respect of the electrical equipment for any part of the period for which the guarantee of isolation is given is terminated; (b) every person to whom the other guarantee of isolation referred to in paragraph (a) was given has been informed of its termination; and (c) any live test to be performed on the electrical equipment will not be hazardous to the health or safety of the person performing the live test. (2) Every person performing a live test shall warn all persons who, during or as a result of the test, are likely to be exposed to a hazard. SOR/88-632, s. 23(F); SOR/2002-208, s. 39; SOR/2019-246, s. 39(F). Termination of Guarantee of Isolation 8.18 (1) The guarantee of isolation ends when work on, or a live test of, isolated electrical equipment is completed and the following conditions are met: (a) every person in charge, (i) has informed the guarantor that the work or live test is completed, and (ii) has made and signed a record containing the date and hour when they informed the guarantor and the name of the guarantor; and (b) on receipt of the information referred to in paragraph (a), the guarantor made and signed a record containing (i) the date and hour when the work or live test was completed, and (ii) the name of the person in charge. (2) The records referred to in subparagraph (1)(a)(ii) and paragraph (1)(b) shall be kept by the employer at the employer’s place of business nearest to the work place in which the electrical equipment was located when it was isolated, for a period of one year after the day on which they are signed. SOR/88-632, s. 24(F); SOR/2021-122, s. 4. Safety Grounding 8.19 (1) No employee shall attach a safety ground to electrical equipment unless he has tested the electrical equipment and has established that it is isolated. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Safety Grounding Sections 8.19-8.22 (2) Subsection (1) does not apply in respect of electrical equipment that is grounded by means of a grounding switch that is an integral part of the equipment. SOR/88-632, s. 25(F). 8.20 (1) Work must not be performed on any electrical equipment in an area if the following devices are found unless the device is connected to a common grounding network: (a) a grounding bus, (b) a station grounding network, (c) a neutral conductor, (d) temporary phase grounding, or (e) a metal structure. (2) If, after the connections are made, a safety ground is required to ensure the safety of an employee working on the electrical equipment, the safety ground shall be connected to the common grounding network. SOR/2019-246, s. 40. 8.21 Every conducting part of a safety ground on isolated electrical equipment shall have sufficient current carrying capacity to conduct the maximum current that is likely to be carried on any part of the equipment for such time as is necessary to permit operation of any device that is installed on the electrical equipment so that, in the event of a short circuit or other electrical current overload, the electrical equipment is automatically disconnected from its source of electrical energy. SOR/88-632, s. 26(F). 8.22 (1) For the purposes of subsection (2), a point of safety grounding means (a) a grounding bus, a station grounding network, a neutral conductor, a metal structure or an aerial ground, or (b) one or more metal rods that are not less than 16 mm in diameter and are driven not less than l m into undisturbed compact earth at a minimum distance of 4.5 m from the base of the pole, structure, apparatus or other thing to which the electrical equipment is attached or from the area where persons on the ground work and in a direction away from the main work area. (point de mise à la terre) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety Safety Grounding Sections 8.22-8.23 (2) No safety ground shall be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements: (a) the safety ground shall, if feasible, be attached to the pole, structure, apparatus or other thing to which the electrical equipment is attached; (b) all isolated conductors, neutral conductors and all non-insulated surfaces of the electrical equipment shall be short-circuited, electrically bonded together and attached by a safety ground to a point of safety grounding in a manner that establishes equal voltage on all surfaces that can be touched by persons who work on the electrical equipment; (c) the safety ground shall be attached by means of mechanical clamps that are tightened securely and are in direct contact with bare metal; (d) the safety ground shall be so secured that none of its parts can make contact accidentally with any live electrical equipment; (e) the safety ground shall be attached and disconnected using insulated protection equipment and tools; (f) the safety ground shall, before it is attached to isolated electrical equipment, be attached to a point of safety grounding; and (g) the safety ground shall, before being disconnected from the point of safety grounding, be removed from the isolated electrical equipment in such a manner that the employee avoids contact with all live conductors. SOR/88-632, s. 27; SOR/94-263, s. 21(F); SOR/98-427, s. 3(F); SOR/2019-246, s. 41. Switches and Control Devices 8.23 (1) Every control device shall be so designed and located as to permit quick and safe operation at all times. (2) The path of access to every electrical switch, control device or meter shall be free from obstruction. (3) Where an electrical switch or other device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or other device shall be fitted with a Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART VIII Electrical Safety SCHEDULE Sections 8.23-9.1 locking device that only an authorized person can activate. SCHEDULE (Subsection 8.5(6)) Distances from Live Electrical Parts Column I Column II Column III Item Voltage Range of Part: Part to Ground Distance in metres Distance in metres Over 425 to 12,000 ................. 3 0.9 Over 12,000 to 22,000 ............ 3 1.2 Over 22,000 to 50,000 ............ 3 1.5 Over 50,000 to 90,000 ............ 4.5 1.8 Over 90,000 to 120,000 .......... 4.5 2.1 Over 120,000 to 150,000 ........ 6 2.7 Over 150,000 to 250,000 ........ 6 3.3 Over 250,000 to 300,000 ........ 7.5 3.9 Over 300,000 to 350,000 ........ 7.5 4.5 Over 350,000 to 400,000 ........ 9 5.4 SOR/98-427, s. 4. PART IX Sanitation Interpretation 9.1 In this Part, ARI means the Air-Conditioning and Refrigeration Institute of the United States; (ARI) Canadian Plumbing Code means the Canadian Plumbing Code, 1985; (Code canadien de la plomberie) field accommodation means fixed or mobile accommodation that is living, eating or sleeping quarters provided by an employer for the accommodation of employees at a work place; (logement sur place) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Interpretation Sections 9.1-9.6 mobile accommodation means field accommodation that may be easily and quickly moved. (logement mobile) General 9.2 (1) Every employer shall maintain each personal service room and food preparation area used by employees in a clean and sanitary condition. (2) Personal service rooms and food preparation areas shall be so used by employees that the rooms or areas will remain as clean and in such a sanitary condition as is possible. 9.3 All janitorial work that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health. 9.4 Each personal service room shall be cleaned at least once every day that it is used. 9.5 (1) Every plumbing system that supplies potable water and removes water-borne waste (a) shall meet the standards set out in the Canadian Plumbing Code; and (b) subject to subsection (2), shall be connected to a municipal sanitation sewer or water main. (2) If it is not feasible to comply with paragraph (1)(b), the employer shall provide a waste disposal system that meets the standards set out in ANSI standard ANSI Z4.3-1979, Minimum Requirements for Nonsewered Waste-Disposal Systems, dated November 8, 1978. SOR/94-263, s. 22(F); SOR/2019-246, s. 42. 9.6 (1) Each container that is used for solid or liquid waste in the work place shall (a) be equipped with a tight-fitting cover; (b) be so constructed that it can easily be cleaned and maintained in a sanitary condition; (c) be leak-proof; and (d) where there may be internal pressure in the container, be so designed that the pressure is relieved by controlled ventilation. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation General Sections 9.6-9.12 (2) Each container referred to in subsection (1) shall be emptied at least once every day that it is used. SOR/2019-246, s. 43(F). 9.7 (1) Each enclosed part of a work place, each personal service room and each food preparation area shall be constructed, equipped and maintained in a manner that will prevent the entrance of vermin. (2) Where vermin have entered any enclosed part of a work place, personal service room or food preparation area, the employer shall immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin. 9.8 No person shall use a personal service room for the purpose of storing equipment unless a closet fitted with a door is provided in that room for that purpose. SOR/88-632, s. 28(F). 9.9 In each personal service room and food preparation area, the temperature, measured one metre above the floor in the centre of the room or area, shall, if feasible, be maintained at a level of not less than 18°C and not more than 29°C. SOR/94-263, s. 23(F); SOR/2019-246, s. 44. 9.10 (1) In each personal service room and food preparation area, the floors, partitions and walls shall be so constructed that they can be easily washed and maintained in a sanitary condition. (2) The floor and lower 150 mm of any walls and partitions in any food preparation area or toilet room shall be water-tight and impervious to moisture. SOR/94-263, s. 24(E). 9.11 Where separate personal service rooms are provided for employees of each sex, each room shall be equipped with a door that is self-closing and is clearly marked to indicate the sex of the employees for whom the room is provided. Toilet Rooms 9.12 (1) If feasible, a toilet room shall be provided for employees and, subject to section 9.13, if persons of both sexes are employed at the same work place, a separate toilet room shall be provided for employees of each sex. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Toilet Rooms Section 9.12 (2) Subject to subsections (3) and (4), where a toilet room is provided in accordance with subsection (1), the employer shall provide in that room a number of toilets determined according to the maximum number of employees of each sex who are normally employed by him at any one time at the same work place as follows: (a) where the number of such employees does not exceed nine, one toilet; (b) where the number of such employees exceeds nine but does not exceed 24, two toilets; (c) where the number of such employees exceeds 24 but does not exceed 49, three toilets; (d) where the number of such employees exceeds 49 but does not exceed 74, four toilets; (e) where the number of such employees exceeds 74 but does not exceed 100, five toilets; and (f) where the number of such employees exceeds 100, five toilets and one toilet for every 30 such employees or portion of that number in excess of 100. (3) Subject to subsection (4), where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the number of toilets provided by the employer in accordance with subsection (2) may be reduced (a) where the number of employees of each sex does not exceed 25, to one toilet; (b) where the number of employees of each sex exceeds 25 but does not exceed 50, to two toilets; and (c) where the number of employees of each sex exceeds 50, to three toilets and one toilet for every 50 employees or portion of that number in excess of 50. (4) An employer may substitute urinals for up to twothirds of the number of toilets required by subsection (2) or (3) to be provided for male employees. (5) For the purposes of subsections (2) and (3), an employee who is normally away from his work place for more than 75 per cent of his working time and does not normally use the toilet room in the work place shall not be counted. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Toilet Rooms Sections 9.12-9.15 (6) If feasible, toilet rooms and wash basins separate from those used by other employees shall be provided for food handlers. SOR/88-632, s. 29(F); SOR/2019-246, s. 45(E). 9.13 (1) Subject to subsection (2), an employer may provide only one toilet for both male and female employees if (a) the total number of employees normally employed by him in the work place at any one time does not exceed five; and (b) the door of the toilet room is fitted on the inside with a locking device. (2) Where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the employer may provide only one toilet for both male and female employees if (a) the total number of employees normally employed by him in the work place at any one time does not exceed 10 or the area of the work place does not exceed 100 m2; and (b) the door of the toilet room is fitted on the inside with a locking device. SOR/88-632, s. 30(F). 9.14 Toilet rooms shall be located not more than 60 m from and not more than one storey above or below each work place. 9.15 Every toilet room shall be so designed that (a) it is completely enclosed with solid material that is non-transparent from the outside; (b) no toilet or urinal is visible when the door of the toilet room is open; (c) it has a ceiling height of not less than 2.2 m; (d) where the toilet room contains more than one toilet, each toilet is enclosed in a separate compartment fitted with a door and an inside locking device; and (e) the walls of each separate toilet compartment are designed and constructed to provide a reasonable amount of privacy for its occupant. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Toilet Rooms Sections 9.16-9.20 9.16 Toilet paper on a holder or in a dispenser shall be provided (a) where there is only one toilet in a toilet room, in that toilet room; and (b) in each toilet compartment. 9.17 A covered container for the disposal of sanitary napkins shall be provided in each toilet room provided for the use of female employees. Wash Basins 9.18 Hot water provided for personal washing (a) shall be maintained at a temperature of not less than 35°C and not more than 43°C; and (b) shall not be heated by mixing with steam. 9.19 (1) Subject to sections 9.20 and 9.21, every employer shall provide for each toilet room wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows: (a) where the room contains one or two toilets or urinals, one wash basin; and (b) where the room contains more than two toilets or urinals, one wash basin for every two toilets or urinals. (2) If an outdoor privy is provided by an employer, the employer shall provide wash basins required by subsection (1) as close as possible to the outdoor privy. SOR/88-632, s. 31; SOR/94-263, s. 25(F); SOR/2019-246, s. 46. 9.20 Subject to section 9.21, where a toilet room is provided and the work environment of employees is such that their health is likely to be endangered by a hazardous substance coming into contact with their skin, the employer shall provide a wash room with individual wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows: (a) where the number of those employees does not exceed five, one wash basin; (b) where the number of those employees exceeds five but does not exceed 10, two wash basins; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Wash Basins Sections 9.20-9.23 (c) where the number of those employees exceeds 10 but does not exceed 15, three wash basins; (d) where the number of those employees exceeds 15 but does not exceed 20, four wash basins; and (e) where the number of those employees exceeds 20, four wash basins and one additional wash basin for every 15 of those employees or portion of that number in excess of 20. SOR/88-68, s. 14; SOR/88-632, s. 32(F); SOR/94-263, s. 65(F); SOR/2002-208, s. 43(F); SOR/2019-246, s. 47(F). 9.21 (1) An industrial wash trough or circular wash basin of a capacity equivalent to the aggregate of the minimum standard capacities of the wash basins referred to in sections 9.19 and 9.20 may be provided in place of the wash basins. (2) An industrial wash trough or circular wash basin referred to in subsection (1) shall be supplied with cold water and hot water that meets the requirements of section 9.18. SOR/94-263, s. 26. 9.22 In every personal service room that contains a wash basin, the employer shall provide (a) powdered or liquid soap or other cleaning agent in a dispenser at each wash basin or between adjoining wash basins; (b) sufficient sanitary hand drying facilities to serve the number of employees using the personal service room; and (c) a non-combustible container for the disposal of used towels where towels are provided. Showers and Shower Rooms 9.23 (1) A shower room with a door fitted on the inside with a locking device and at least one shower head for every 10 employees or portion of that number shall be provided for employees who regularly perform strenuous physical work in a high temperature or high humidity or whose bodies may be contaminated by a hazardous substance. (2) Every shower receptor shall be constructed and arranged in such a way that water cannot leak through the walls or floors. (3) No more than six shower heads shall be served by a single shower drain. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Showers and Shower Rooms Sections 9.23-9.26 (4) Where two or more shower heads are served by a shower drain, the floor shall be sloped and the drain so located that water from one head cannot flow over the area that serves another head. (5) Except for column showers, where a battery of shower heads is installed, the horizontal distance between two adjacent shower heads shall be at least 750 mm. (6) Waterproof finish shall be provided to a height of not less than 1.8 m above the floor in shower rooms and shall consist of ceramic, plastic or metal tile, sheet vinyl, tempered hardboard, laminated thermosetting decorative sheets or linoleum. (7) Finished flooring in shower rooms shall consist of resilient flooring, felted-synthetic fibre floor coverings, concrete terrazzo, ceramic tile, mastic or other types of flooring providing similar degrees of water resistance. (8) Where duck boards are used in showers, they shall not be made of wood. (9) Every shower shall be provided with cold water and hot water that meets the requirements of section 9.18. (10) Where an employee referred to in subsection (1) takes a shower as a result of his work, a clean towel and soap or other cleaning agent shall be provided to him. SOR/88-68, s. 14; SOR/88-632, s. 33(F); SOR/94-263, s. 65(F); SOR/2002-208, s. 43(F); SOR/2019-246, s. 48(F). Potable Water 9.24 Every employer shall provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality 1978, published by authority of the Minister of National Health and Welfare. 9.25 Where it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used. 9.26 Where a portable storage container for drinking water is used, (a) the container shall be securely covered and closed; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Potable Water Sections 9.26-9.30 (b) the container shall be used only for the purpose of storing potable water; (c) the container shall not be stored in a toilet room; and (d) the water shall be drawn from the container by (i) a tap, (ii) a ladle used only for the purpose of drawing water from the container, or (iii) any other means that precludes the contamination of the water. 9.27 Except where drinking water is supplied by a drinking fountain, sanitary single-use drinking cups shall be provided. 9.28 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall (a) be made from potable water; and (b) be so stored and handled as to prevent contamination. 9.29 Where drinking water is supplied by a drinking fountain, the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, dated 1982. Field Accommodation 9.30 All field accommodation shall meet the following standards: (a) it shall be located on well-drained ground; (b) it shall be so constructed that it can easily be cleaned and disinfected; (c) the food preparation area and lunch room shall be separated from the sleeping quarters; (d) where a water plumbing system is provided, the system shall operate under sanitary conditions; (e) garbage disposal facilities shall be provided to prevent the accumulation of garbage; (f) toilet rooms shall be maintained in a sanitary condition; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Field Accommodation Sections 9.30-9.33 (g) vermin prevention, heating, ventilation and sanitary sewage systems shall be provided. SOR/94-263, s. 27(F). 9.31 (1) Living quarters provided (a) in any fixed accommodation shall comprise (i) for a single occupant, a space of at least 18 m3, and (ii) where there is more than one occupant, 18 m3 plus 12 m3 for each additional occupant; and (b) in any mobile accommodation shall comprise (i) for a single occupant, a space of at least 12 m3, and (ii) where there is more than one occupant, 12 m3 plus 8 m3 for each additional occupant. (2) The living quarters referred to in subsection (1) shall have no floor dimension that is less than 1.5 m. (3) Toilet rooms and locker rooms shall not be counted in the calculation made in accordance with subsection (1). SOR/88-632, s. 34(F). 9.32 (1) All mobile accommodation shall meet the standards set out in CSA Standard Z240.2.1-1979, Structural Requirements for Mobile Homes, dated September, 1979, as amended to April, 1984. (2) For the purposes of clause 4.12.4 of the Standard referred to in subsection (1), there is no other approved method. SOR/2022-94, s. 5(F). 9.33 In any field accommodation provided as sleeping quarters for employees (a) a separate bed or bunk shall be provided for each employee; (b) the beds or bunks shall not be more than doubletiered and shall be so constructed that they can be cleaned and disinfected; (c) mattresses, sheets, pillow cases, blankets and bed covers shall be provided for each employee and kept in a clean and sanitary condition; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Field Accommodation Sections 9.33-9.38 (d) clean laundered sheets and pillow cases shall be provided for each employee at least once each week; and (e) at least one shelf and a locker fitted with a locking device shall be provided for each employee. Preparation, Handling, Storage and Serving of Food 9.34 (1) Each food handler shall be instructed and trained in food handling practices that prevent the contamination of food. (2) No person who is suffering from a communicable disease shall work as a food handler. SOR/2019-246, s. 49(F). 9.35 Where food is served in a work place, the employer shall adopt and implement Section G of the Sanitation Code for Canada’s Foodservice Industry published by the Canadian Restaurant and Foodservices Association, dated September, 1984, other than items 2 and 11 thereof. 9.36 (1) Where foods stored by an employer for consumption by employees require refrigeration to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of 4°C or lower. (2) Where foods stored by an employer for consumption by employees require freezing to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of -11°C or lower. SOR/88-632, s. 35. 9.37 All equipment and utensils that come into contact with food shall be (a) designed to be easily cleaned; (b) smooth, free from cracks, crevices, pitting or unnecessary indentations; and (c) cleaned to maintain their surfaces in a sanitary condition. 9.38 No person shall eat, prepare or store food Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Preparation, Handling, Storage and Serving of Food Sections 9.38-9.40 (a) in a place where a hazardous substance may contaminate food, dishes or utensils; (b) in a personal service room that contains a toilet, urinal or shower; or (c) in any other place where food is likely to be contaminated. SOR/88-68, s. 14; SOR/2002-208, s. 43(F); SOR/2019-246, s. 50(F). Food Waste and Garbage 9.39 (1) No food waste or garbage shall be stored in a food preparation area. (2) Food waste and garbage shall be handled and removed from a food preparation area or lunch room in accordance with subsections (3) to (5). (3) Wet food waste and garbage shall be (a) disposed of by mechanical grinders or choppers connected to sewage disposal lines; or (b) held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers in a separate enclosed area or container until removal for disposal. (4) Dry food waste and garbage shall be removed or incinerated. (5) Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions. (6) Food waste and garbage containers shall, each time they are emptied, be cleansed and disinfected in an area separate from the food preparation area. SOR/88-632, s. 36(F). Lunch Rooms 9.40 Every lunch room provided by the employer (a) shall be separated from any place where a hazardous substance may contaminate food, dishes or utensils; (b) shall not be used for any purpose that is incompatible with its use as a lunch room; (c) shall not have any dimension of less than 2.3 m; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Lunch Rooms Sections 9.40-9.42 (d) shall have a minimum floor area of 9 m2; (e) shall have 1.1 m2 of floor area for each of the employees who normally use the room at any one time; (f) shall be furnished with a sufficient number of tables and seats to accommodate adequately the number of employees normally using the lunch room at any one time; and (g) shall be provided with non-combustible covered receptacles for the disposal of waste food or other waste material. SOR/88-68, s. 14; SOR/88-632, s. 37(F); SOR/2001-321, s. 1; SOR/2002-208, s. 43(F). Ventilation 9.41 (1) Each personal service room and food preparation area shall be ventilated to provide at least two changes of air per hour (a) by mechanical means, where the room is normally used by 10 or more employees at any one time; or (b) by mechanical means or natural ventilation through a window or similar opening, where the room is used by fewer than 10 employees if (i) the window or similar opening is located on an outside wall of the room, and (ii) not less than 0.2 m2 of unobstructed ventilation is provided for each of the employees who normally use the room at any one time. (2) Where an employer provides ventilation by mechanical means in accordance with paragraph (1)(a), the amount of air provided for a type of room set out in Column I of an item of the schedule to this Part shall be not less than that set out in Column II of that item. (3) Where an employer provides for the ventilation of a food preparation area or a lunch room by mechanical means in accordance with paragraph (1)(a), the rate of change of air shall be not less than nine litres per second for each employee who is normally employed in the food preparation area at any one time or for each employee who uses the lunch room at any one time. SOR/88-632, s. 38(F). 9.42 (1) Subject to subsection (2), any exhaust system from a personal service room containing a toilet or a Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation Ventilation Sections 9.42-9.45 shower shall not be connected with any other exhaust or air supply system. (2) The exhaust system for a personal service room containing a toilet or shower may be connected with the exhaust duct of another room at the exhaust fan inlet if the system is connected in such a manner that an exchange of air cannot occur between the rooms. SOR/88-632, s. 39. Clothing Storage 9.43 Clothing storage facilities shall be provided by the employer for the storage of overcoats and outer clothes not worn by employees while they are working. 9.44 (1) A change room shall be provided by the employer where (a) the nature of the work engaged in by an employee makes it necessary for that employee to change from street clothes to work clothes for health or safety reasons; or (b) an employee is regularly engaged in work in which his work clothing becomes wet or contaminated by a hazardous substance. (2) Where wet or contaminated work clothing referred to in paragraph (1)(b) is changed, it shall be stored in such a manner that it does not come in contact with clothing that is not wet or contaminated. (3) No employee shall leave the work place wearing clothing contaminated by a hazardous substance. (4) Every employer shall supply drying and cleaning facilities for the purpose of drying or cleaning wet or contaminated clothing referred to in paragraph (1)(b). (5) In each change room, (a) a floor area of at least 0.4 m2 shall be provided for each of the employees who normally use the room at any one time; and (b) where it is necessary for the employees to change footwear, seats shall be provided in sufficient numbers to accommodate them. SOR/88-68, s. 14; SOR/88-632, s. 40(F); SOR/94-263, s. 28(F); SOR/2002-208, ss. 42, 43(F). 9.45 If feasible, the clothing storage facilities referred to in section 9.43 and the change room referred to in section 9.44 shall be located Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART IX Sanitation SCHEDULE Sections 9.45-10.1 (a) near the work place and connected thereto by a completely covered route; (b) on a direct route to the entrance to the work place; (c) near a shower room provided pursuant to section 9.23; and (d) near a toilet room. SOR/2019-246, s. 51(E). SCHEDULE (Subsection 9.41(2)) Minimum Ventilation Requirements for Rooms, Toilet Rooms and Shower Rooms Change Column I Column II Item Type of Room Ventilation Requirements in litres per second Change Room (a) for employees with clean work clothes (a) 5 L/s per m2 of floor area (b) for employees with wet or sweaty work clothes (b) 10 L/s per m2 of floor area; 3 L/s exhausted from each locker (c) for employees who work where work clothes pick up heavy odours (c) 15 L/s per m2 of floor area; 4 L/s exhausted from each locker Toilet Room 10 L/s per m2 of floor area; at least 10 L/s per toilet compartment; minimum 90 L/s Shower Room 10 L/s per m2 of floor area; at least 20 L/s per shower head; minimum 90 L/s SOR/88-632, s. 41(F). PART X Hazardous Substances [SOR/2002-208, s. 43(F)] Interpretation 10.1 In this Part, airborne asbestos fibres means asbestos fibres that are longer than 5 μm (micrometres) with an aspect ratio equal to or greater than 3:1 and that are carried by the air; (fibres d’amiante aéroportées) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances Interpretation Section 10.1 airborne chrysotile asbestos [Repealed, SOR/2017-132, s. 1] asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form; (amiante) asbestos-containing material means (a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and (b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; (matériau contenant de l’amiante) clearance air sampling means the action of taking samples to determine if the concentration of airborne asbestos fibres inside an enclosure is below the limit referred to in section 10.19 to permit the dismantling of a containment system; (échantillonnage de l’air après décontamination) containment system means an isolation system that is designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed; (système de confinement) encapsulation means the treatment of an asbestos-containing material with a sealant that penetrates the material and binds the asbestos fibres together, and the treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air; (encapsulation) enclosure means a physical barrier such as drywall, plywood or metal sheeting that, as part of the containment system, isolates asbestos-containing material from adjacent areas in a building to prevent the release of airborne asbestos fibres into those areas; (encloisonnement) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances Interpretation Section 10.1 friable means, in respect of asbestos-containing material, that the material, when dry, can be easily crumbled or powdered by hand pressure; (friable) glove bag means a polyethylene or polyvinyl chloride bag that is affixed around an asbestos-containing source and that permits asbestos-containing material to be removed while minimizing the release of airborne asbestos fibres into the work place; (sac à gants) hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents; (renseignements sur les risques) HEPA filter means a high-efficiency particulate air filter that has been tested to ensure efficiency equal to or exceeding 99.97% for removal of airborne particles having a mean aerodynamic diameter of 0.3 µm (micrometres) from the air; (filtre HEPA) high-risk activity means an activity that involves the handling or disturbance of friable asbestos-containing material or is carried out in proximity to friable asbestoscontaining material, that requires a high level of control to prevent exposure to excessive concentrations of airborne asbestos fibres and that includes (a) the removal or disturbance of more than 1 m2 of friable asbestos-containing material in a work place, even if the activity is divided into smaller jobs, (b) the spray application of a sealant to a friable asbestos-containing material, (c) the cleaning or removal of air-handling equipment, other than filters, in a building that has sprayed-on fireproofing or sprayed-on thermal insulation that is asbestos-containing material, (d) the repair, alteration or demolition of all or part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing material, (e) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and (f) the repair, alteration or demolition of all or part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed; (activité à risque élevé) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances Interpretation Section 10.1 low-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to non-friable asbestos-containing material and that includes (a) the installation or removal of ceiling tiles that are made of non-friable asbestos-containing material and cover an area of less than 7.5 m2, (b) the installation or removal of other non-friable asbestos-containing material, if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated and dust is not being generated, (c) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools, and (d) the removal of less than 1 m² of drywall in which joint cement containing asbestos has been used; (activité à faible risque) moderate-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that is not otherwise classified as a low-risk activity or high-risk activity and that includes (a) the removal of all or part of a false ceiling to gain access to a work area, if asbestos-containing material is likely to be found on the surface of the false ceiling, (b) the removal or disturbance of 1 m2 or less of friable asbestos-containing material during repair, alteration, maintenance or demolition work in a work place, (c) the enclosure of friable asbestos-containing material, (d) the application of tape, sealant or other covering to pipe or boiler insulation that is asbestos-containing material, (e) the removal of ceiling tiles that are asbestos-containing material, if the tiles cover an area of greater than 2 m2 and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated, (f) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is not wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances Interpretation Section 10.1 (g) the removal of 1 m2 or more of drywall in which joint cement that is asbestos-containing material has been used, (h) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are attached to dust-collecting devices equipped with HEPA filters, (i) the removal of insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and (j) the cleaning or removal of filters used in air-handling equipment in a building that has sprayed-on fireproofing that is asbestos-containing material; (activité à risque modéré) product identifier has the same meaning as in subsection 1(1) of the Hazardous Products Regulations; (identificateur de produit) readily available means, in respect of a document, present and easily accessible at the work place at all times; (facilement accessible) supplier has the same meaning as in section 2 of the Hazardous Products Act; (fournisseur) work activity means any low-risk activity, moderaterisk activity or high-risk activity or any activity that is ancillary to that activity, and the supervision of that activity and that ancillary activity. (activité de travail) SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, s. 1; SOR/2017-132, s. 1; SOR/ 2019-246, s. 52(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances Interpretation Sections 10.1-10.4 Application 10.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made thereunder apply. SOR/88-68, ss. 5, 14; SOR/94-263, s. 29; SOR/96-294, s. 2. DIVISION I General Records of Hazardous Substances 10.3 Every employer shall keep a record of all hazardous substances that are used, produced, handled or stored for use in the work place and may either keep such a record in the work place or keep a centralized record in respect of several work places in one work place. SOR/94-263, s. 30; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 53(E). Hazard Investigation 10.4 (1) If the health or safety of an employee is likely to be endangered by exposure to a hazardous substance in a work place, the employer shall, without delay, (a) appoint a qualified person to carry out an investigation in that regard; and (b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation. (2) In an investigation referred to in subsection (1), the following criteria shall be taken into consideration: (a) the chemical, biological and physical properties of the hazardous substance; (b) the routes of exposure to the hazardous substance; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Hazard Investigation Sections 10.4-10.6 (c) the acute and chronic effects on health of exposure to the hazardous substance; (d) the quantity of the hazardous substance to be handled; (e) the manner in which the hazardous substance is stored, used, handled and disposed of; (f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance; (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed; (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and (i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI. SOR/96-294, s. 2; SOR/2002-208, ss. 15, 43(F); SOR/2019-246, s. 54. 10.5 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative, (a) the qualified person shall set out in a written report signed by the qualified person (i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and (ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and (b) the employer shall establish and keep up-to-date written procedure for the controlling of the concentration or level of the hazardous substance in the work place and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. SOR/88-68, s. 14; SOR/94-263, s. 31; SOR/96-294, s. 2; SOR/2002-208, ss. 16, 43(F); SOR/ 2016-141, s. 2; SOR/2019-246, s. 55. 10.6 A report referred to in section 10.5 shall be kept by the employer for a period of thirty years after the date on which the qualified person signed the report. SOR/88-68, s. 14; SOR/96-294, s. 2. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Medical Examinations Sections 10.7-10.10 Medical Examinations 10.7 (1) If a report referred to in section 10.5 recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination. (2) The employer, having consulted a physician pursuant to subsection (1) who has confirmed the necessity for a medical examination, shall not permit an employee to handle the hazardous substance in the work place unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with specified restrictions, to handle the hazardous substance. (3) Where the physician examining an employee pursuant to subsection (2) declares the employee fit with specified restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance in the work place except in accordance with the specified restrictions. (4) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 10.5. (5) The cost of a medical examination referred to in subsection (2) shall be borne by the employer. SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 56. Storage, Handling and Use 10.8 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum. SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F). 10.9 If a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as possible. SOR/88-68, s. 14; SOR/94-263, s. 32(F); SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/ 2019-246, s. 57(E). 10.10 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any health or safety hazard that is caused by the hazardous substance. SOR/88-68, s. 14; SOR/88-632, s. 42(F); SOR/94-263, s. 33; SOR/96-294, s. 2; SOR/ 2002-208, s. 17. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Storage, Handling and Use Sections 10.11-10.14 10.11 The quantity of a hazardous substance for use or processing in a work place shall, if feasible, be limited to the quantity required in one work day. SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 58(E). 10.12 (1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time. (2) For the purpose of interpreting the standards referred to in subsection (1), acceptable means appropriate. SOR/88-68, s. 14; SOR/88-632, s. 43; SOR/94-263, s. 34; SOR/96-294, s. 2; SOR/2002-208, s. 43(F). Warning of Hazardous Substances 10.13 Where a hazardous substance is stored, handled or used in a work place, warnings shall be given in appropriate places at access points warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health. SOR/88-68, ss. 6, 14; SOR/96-294, s. 2; SOR/96-525, s. 14; SOR/2002-208, s. 43(F). Employee Education and Training [SOR/2016-141, s. 3(E)] 10.14 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place. (2) The employee education and training program shall include (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to (i) the product identifier of the hazardous substance, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Employee Education and Training Section 10.14 (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label, (iii) all hazard information of which the employer is aware or ought to be aware, (iv) the observations referred to in subparagraph 10.5(a)(i), (v) the information disclosed on a safety data sheet referred to in section 10.28 and the purpose and significance of that information, and (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information; (b) the education and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to (i) every valve and other control and safety device connected to the assembly of pipes, (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used; (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to (i) the procedures to follow to implement sections 10.8, 10.9 and 10.12, (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 10.29; and (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Employee Education and Training Sections 10.14-10.17 (3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review and, if necessary, revise the employee education and training program (a) at least once a year; (b) whenever there is a change in conditions in respect of the presence of hazardous substances in the work place; and (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer. SOR/96-294, s. 2; SOR/2002-208, ss. 18, 43(F); SOR/2016-141, s. 4; SOR/2019-246, s. 59. 10.15 The employer shall keep a paper or electronic record of the education and training given to every employee and (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and (b) keep it for a period of two years after the employee ceases (i) to handle or be exposed to the hazardous substance, or is no longer likely to handle or be exposed to the hazardous substance, or (ii) to install, operate, maintain or repair the assembly of pipes. SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, s. 5; SOR/2019-246, s. 60. Substitution of Substances 10.16 No person shall use a hazardous substance in a work place if a non-hazardous substance or one that is less hazardous can be used instead. SOR/88-68, ss. 8, 14; SOR/88-632, s. 44(F); SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 61. Ventilation 10.17 (1) Every ventilation system installed on or after January 1, 1997 to control the concentration of an airborne hazardous substance shall be so designed, constructed, installed, operated and maintained that Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Ventilation Sections 10.17-10.18 (a) the concentration of the airborne hazardous substance does not exceed the values and levels prescribed in subsections 10.19(1) and 10.20(1) and (2); and (b) it meets the standards set out in (i) Part 6 of the National Building Code, (ii) the publication of the American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time, or (iii) ANSI Standard ANSI Z9.2-1979 entitled Fundamentals Governing the Design and Operation of Local Exhaust Systems, dated 1979, as amended from time to time. (2) If feasible, every ventilation system installed before January 1, 1997 to control the concentration of an airborne hazardous substance shall be maintained so as to meet the requirements set out in subsection (1). SOR/88-68, s. 9; SOR/94-263, s. 35; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/ 2019-246, s. 62. 10.18 (1) Before a ventilation system referred to in subsection 10.17(1) is operated for the first time in a work place, the employer shall set out in writing instructions pertaining to the inspection, testing and maintenance of that ventilation system. (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance to be performed on the ventilation system. (3) The employer shall ensure that a qualified person (a) carries out each inspection, testing and maintenance of the ventilation system in accordance with the instructions referred to in subsection (1); and (b) makes and signs a report with respect to each inspection, test or maintenance work. (4) A report referred to in paragraph (3)(b) shall (a) include the date of the inspection, test or maintenance work performed by the qualified person; (b) identify the ventilation system that was inspected, tested or maintained; and (c) set out the safety observations of the qualified person in respect of the ventilation system. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Ventilation Sections 10.18-10.19 (5) The employer shall keep at the work place at which the ventilation system is located a copy of (a) the instructions referred to in subsection (1), and (b) the most recent report referred to in paragraph (3)(b). (6) The employer shall give to every employee who operates a ventilation system the necessary education and training for the safe and proper use of the system. (7) The employer shall keep a paper or electronic record of the education and training given to every employee who operates a ventilation system for as long as the employee remains in the employer’s employ. SOR/96-294, s. 2; SOR/2016-141, s. 6; SOR/2019-246, s. 63(F). Control of Hazards 10.19 (1) An employee shall be kept free from exposure to a concentration of (a) an airborne chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists, in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; (b) airborne grain dust in excess of 4 mg/m3; or (c) airborne flour dust in excess of 3 mg/m3. (1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as possible, but in any event the employer shall ensure that the concentration does not exceed the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLV) and Biological Exposure Indices (BEI), as amended from time to time. (2) Subsection (1) does not apply in respect of concentrations of carbon dioxide or respirable dust in the underground portion of a coal mine. (3) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1), air samples shall be taken and the concentration of the chemical agent shall be determined Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Control of Hazards Sections 10.19-10.20 (a) in accordance with the standards set out by the American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended for Sampling and Analysis of Atmospheric Contaminants, dated 1958, as amended from time to time; (b) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February, 1984, as amended from time to time; (c) in accordance with a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) or (b) were used; or (d) where no specific standards for the chemical agent are set out in the publications referred to in paragraphs (a) and (b) and no method is available under paragraph (c), in accordance with a scientifically proven method used to collect and analyse a representative sample of the chemical agent. (4) A paper or electronic record of each test made under subsection (3) shall be kept by the employer at the employer’s place of business that is nearest to the work place where the air sample was taken, for a period of three years after the date of the test. (5) A record referred to in subsection (4) shall include (a) the date, time and location of the test; (b) the hazardous substance in respect of which the test was made; (c) the sampling and testing method used; (d) the result obtained; and (e) the name and occupation of the person who made the test. SOR/88-68, ss. 10, 14; SOR/94-263, s. 37(F); SOR/96-294, s. 2; SOR/98-427, s. 5; SOR/ 2002-208, s. 43(F); SOR/2016-141, s. 7; SOR/2017-132, s. 2; SOR/2018-137, s. 1; SOR/ 2019-246, s. 64. 10.20 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in the work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Control of Hazards Sections 10.20-10.23 (2) Where a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in the work place, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents. (3) Subsection (2) does not apply in respect of concentrations of methane gas in the underground portion of a coal mine. SOR/88-68, ss. 11(E), 14(F); SOR/96-294, s. 2. 10.21 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials where (a) there is a risk of any person being directly exposed to the jet or where a fire, explosion, injury or health hazard is likely to result from such use; or (b) that use would result in a concentration of an airborne chemical agent that exceeds the values referred to in paragraph 10.19(1)(a) or subsection 10.19(1.1) or the limit referred to in subsection 10.20(1) or (2). SOR/88-68, s. 14; SOR/88-632, s. 46(F); SOR/90-180, s. 1; SOR/96-294, s. 2; SOR/98-427, s. 6; SOR/2002-208, s. 43(F); SOR/2017-132, s. 3; SOR/2019-246, s. 65. 10.22 (1) Compressed air shall not be used for cleaning clothing contaminated with: (a) asbestos; or (b) a hazardous substance having an exposure limit referred to in paragraph 10.19(1)(a) or (b) lower than 1 mg/m3. (2) Where compressed air is used to clean clothing, (a) appropriate eye protection shall be worn; and (b) the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69kPa (10 psi) shall be used. SOR/88-632, s. 47; SOR/90-180, s. 2; SOR/96-294, s. 2; SOR/2002-208, s. 43(F). Warnings 10.23 If feasible, the employer shall provide automated warning and detection systems if the seriousness of any exposure to a hazardous substance so requires. SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 66. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION I General Warnings Sections 10.23-10.26 Assembly of Pipes 10.24 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be (a) marked, by labelling, colour-coding, placarding or any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow; and (b) fitted with valves and other control and safety devices to ensure its safe operation, maintenance and repair. SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, s. 8. Explosives 10.25 All blasting using dynamite or other explosives shall be done by a qualified person who, where required under the laws of the province in which the blasting is carried out, holds a blasting certificate or such other authorization as may be required under those laws. SOR/96-294, s. 2. Ionizing and Non-ionizing Radiation 10.26 (1) Where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in the work place, the employer shall, if the device is referred to in subsection (2), implement the applicable document, as amended from time to time, published by the Department of National Health and Welfare, as specified in one of paragraphs (2)(a) to (k) or published by ANSI, as specified in paragraph (2)(l). (2) For the purposes of subsection (1), the applicable document is (a) in respect of radio frequency and microwave devices in the frequency range from 10 kHz to 300 GHz, Safety Code - 6, dated 1990; (b) in respect of X-ray equipment in medical diagnosis, Safety Code - 20A, dated 1980; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances SCHEDULE Section 10.26 (c) in respect of baggage inspection X-ray equipment, Safety Code - 21, dated 1978; (d) in respect of dental X-ray equipment, Safety Code - 22, dated 1980; (e) in respect of ultrasound equipment, Safety Code 23, dated 1989, and Safety Code - 24, dated 1990; (f) in respect of short-wave diathermy equipment, Safety Code - 25, dated 1983; (g) in respect of magnetic resonance imaging and magnetic resonance spectroscopy equipment, Safety Code - 26, dated 1987; (h) in respect of industrial X-ray equipment, Safety Code - 27, dated 1987; (i) in respect of veterinary X-ray equipment, Safety Code - 28, dated 1991; (j) in respect of demonstration-type discharge devices, Recommended Safety Procedures for the Selection and Use of Demonstration-Type Discharge Devices in Schools, dated 1979; (k) in respect of dielectric (RF) heaters, Dielectric (RF) Heaters Guidelines for Limiting Radio-Frequency Exposure, dated 1980; and (l) in respect of lasers, ANSI Standard ANSI Z136.1-1986, American National Standard for the Safe Use of Lasers, dated 1986, including its appendices with the exception of Appendix D. (3) If an employee works on or near a device that may emit nuclear energy, the employer shall ensure that the exposure of the employee to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations. (4) No employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, shall be exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m3. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 19; SOR/2021-122, s. 5. SCHEDULE [Repealed, SOR/2021-122, s. 6] Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Sections 10.26.1-10.26.2 DIVISION II Hazardous Substances Other than Hazardous Products [SOR/2002-208, s. 43(F); SOR/2016-141, s. 20] Asbestos Exposure Management Program Asbestos-containing Material 10.26.1 (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 10.4 takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of asbestos fibres and employee exposure to asbestos fibres. (2) At the completion of an investigation carried out under section 10.4, the employer shall ensure that a record of the location, friability and condition of the asbestoscontaining material and the type of asbestos contained in that material is kept and made readily available for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. SOR/2017-132, s. 4; SOR/2019-246, s. 67. Asbestos Exposure Control Plan 10.26.2 Before undertaking any work activity that involves asbestos-containing material, an employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to (a) ensure that a hazard investigation under section 10.4 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation; (b) ensure that a qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Asbestos Exposure Management Program Sections 10.26.2-10.26.4 (c) ensure that all asbestos-containing material present in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner; (d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent employee exposure to asbestos; (e) ensure that procedures and control measures for moderate-risk activities and high-risk activities are developed and implemented; and (f) develop and implement an employee education and training program that is specific to asbestos-containing material. SOR/2017-132, s. 4. 10.26.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, an employer shall ensure that (a) the use of compressed air, brushes or similar means to dry-remove friction material dust from automotive assemblies is prohibited; and (b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated. SOR/2017-132, s. 4. Asbestos Dust, Waste and Debris Removal 10.26.4 (1) During any work activities that involve friable asbestos-containing materials, an employer shall ensure that the following activities are carried out frequently and at regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed: (a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and (b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Asbestos Exposure Management Program Sections 10.26.4-10.26.6 (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 10.26.11. SOR/2017-132, s. 4. 10.26.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that (a) the glove bag is sealed to prevent the release of asbestos fibres into the work area; (b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use; (c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag; (d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and (e) after the glove bag is removed, all exposed surfaces are cleaned with a damp cloth and a vacuum cleaner that is equipped with a HEPA filter. SOR/2017-132, s. 4. Decontamination 10.26.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall (a) if their protective clothing is to be reused, decontaminate the clothing with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter before taking the clothing off; or (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 10.26.11. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Asbestos Exposure Management Program Sections 10.26.6-10.26.8 (2) An employer shall provide employees with a facility reserved for washing their hands and face, and employees shall wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material. SOR/2017-132, s. 4. 10.26.7 As soon as feasible after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter. SOR/2017-132, s. 4; SOR/2019-246, s. 68(E). Air Sampling 10.26.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibres (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily; (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and (c) in contaminated areas that are inside the containment system as necessary during removal and cleanup operations. (2) The employer shall ensure that the following air samples are taken: (a) two samples for every area in an enclosure that is 10 m2 or less; (b) three samples for every area in an enclosure that is more than 10 m2 and not more than 500 m2; and (c) five samples for every area in an enclosure that is more than 500 m2. (3) Within 24 hours after obtaining the air sampling test results, the employer shall (a) post a copy of the results in a conspicuous place in the work place; and (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative. SOR/2017-132, s. 4. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Asbestos Exposure Management Program Sections 10.26.8-10.26.11 Clearance Air Sampling 10.26.9 (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibres. (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne. (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 10.19(1.1). SOR/2017-132, s. 4. 10.26.10 Within 24 hours after obtaining the clearance air sampling test results, the employer shall (a) post a copy of the results in a conspicuous place in the work place; and (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Head of Compliance and Enforcement. SOR/2017-132, s. 4; SOR/2021-118, s. 6. Containers for Asbestos Dust, Waste and Debris 10.26.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be (a) dust-tight; (b) suitable to contain asbestos dust, waste or debris; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION II Hazardous Substances Other than Hazardous Products Asbestos Exposure Management Program Sections 10.26.11-10.29 (c) impervious to asbestos; (d) identified as containing asbestos dust, waste or debris; (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and (f) removed from the work place frequently and at regular intervals as determined by a qualified person. SOR/2017-132, s. 4. Identification 10.27 Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of in the work place shall be labelled in a manner that discloses clearly (a) the generic name of the substance; and (b) the hazard information in respect of the substance. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, s. 20. 10.28 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall (a) obtain a copy of the safety data sheet; and (b) keep the copy of the safety data sheet readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, s. 9; SOR/ 2019-246, s. 69(F). DIVISION III Hazardous Products [SOR/2016-141, s. 20] Interpretation 10.29 In this Division, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Interpretation Section 10.29 bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations; (expédition en vrac) container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank; (contenant) fugitive emission means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; (émission fugitive) hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (résidu dangereux) laboratory sample has the same meaning as in subsection 5(1) of the Hazardous Products Regulations; (échantillon pour laboratoire) manufactured article [Repealed, SOR/2016-141, s. 10] research and development, in respect of a hazardous product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of hazardous products, and includes (a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and (b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or hazardous products; (recherche et développement) risk phrase, in respect of a hazardous product, means a statement identifying a hazard that may arise from the exposure to the hazardous product; (mention de risque) sale includes offer for sale, expose for sale and distribute; (vente) significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations; (nouvelles données importantes) supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (étiquette du fournisseur) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Interpretation Sections 10.29-10.31 supplier material safety data sheet [Repealed, SOR/ 2016-141, s. 10] supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (fiche de données de sécurité du fournisseur) work place label means a label prepared by an employer in accordance with this Division; (étiquette du lieu de travail) work place material safety data sheet [Repealed, SOR/2016-141, s. 10] work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 10.33(1) or (2). (fiche de données de sécurité du lieu de travail) SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/2016-141, ss. 10, 20. Application 10.30 (1) This Division does not apply in respect of any (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act; (b) manufactured article as defined in section 2 of the Hazardous Products Act; or (c) wood or a product made of wood. (2) This Division, other than section 10.43, does not apply in respect of hazardous waste. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2016-141, s. 11; 2018, c. 9, s. 77. Safety Data Sheets and Labels in Respect of Certain Hazardous Products 10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Safety Data Sheets and Labels in Respect of Certain Hazardous Products Sections 10.31-10.32 (a) is present in the work place; (b) was received from a supplier; and (c) is one of the following: (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act, (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive. (2) An employer may store a hazardous product received from a supplier without having a supplier label on it, without having obtained a safety data sheet for it and without having conducted an employee education and training program with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii) (a) while the employer is actively seeking a supplier label and a supplier safety data sheet for the hazardous product; and (b) if labelling affixed to the container of the hazardous product containing information on the hazardous product is not removed, defaced, modified or altered. SOR/88-68, s. 12; SOR/94-263, s. 38; SOR/96-294, s. 2; SOR/2002-208, s. 20; SOR/ 2016-141, s. 12. Supplier Safety Data Sheets 10.32 (1) If a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that (a) is for a hazardous product that both has the same product identifier and is from the same supplier; (b) discloses information that is current at the time that the hazardous product is received; and (c) was prepared and dated less than three years before the day on which the hazardous product is received. (2) If the supplier safety data sheet in respect of a hazardous product in a work place is three years old or more, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Supplier Safety Data Sheets Sections 10.32-10.33 the employer shall, if feasible, obtain from the supplier a current supplier safety data sheet. (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that becomes available to the employer. (4) The employer is exempt from the requirements of subsection (1) if a laboratory sample of a hazardous product is received in the work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a safety data sheet for that product. SOR/88-68, s. 12; SOR/94-263, s. 39; SOR/96-294, s. 2; SOR/98-427, s. 7; SOR/2016-141, s. 12; SOR/2019-246, s. 70. Work Place Safety Data Sheets 10.33 (1) Subject to section 10.42, if an employer produces in the work place a hazardous product, other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, or imports into Canada a hazardous product and brings it into the work place, the employer shall prepare a work place safety data sheet in respect of that hazardous product. (2) Subject to section 10.42, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet; (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet; (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Work Place Safety Data Sheets Sections 10.33-10.35 (3) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer. (4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet. SOR/88-68. s. 12; SOR/94-263, s. 40; SOR/96-294, s. 2; SOR/2016-141, s. 12; SOR/ 2019-246, s. 71(E). Availability of Safety Data Sheets 10.34 (1) Every employer shall, in any work place in which an employee is likely to handle or be exposed to a hazardous product, keep readily available a copy of the work place safety data sheet or the supplier safety data sheet, as the case may be, in English and in French, for examination by employees and by any policy committee, work place committee or health and safety representative. (2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 21; SOR/2016-141, s. 12; SOR/ 2019-246, s. 72. Labels 10.35 (1) Subject to sections 10.37 to 10.39, each hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), in a work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container is received from a supplier, (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label; (b) in the case where the employer has undertaken in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as feasible after the hazardous product is received from the supplier; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Labels Sections 10.35-10.36 (c) in any other case, have applied to it a supplier label. (2) Subject to sections 10.37 to 10.39 and 10.42, if a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or work place label that discloses the following information: (a) the product identifier; (b) the hazard information in respect of the hazardous product; and (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place. (3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to (a) a hazardous product that is in the work place; or (b) the container of a hazardous product that is in the work place. SOR/88-68, s. 12; SOR/94-263, s. 41; SOR/96-294, s. 2; SOR/2016-141, s. 12; SOR/ 2019-246, s. 73(E). 10.36 (1) Subject to sections 10.37 to 10.39, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the hazardous product is not in a container, the employer shall disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place: (a) the product identifier; (b) the hazard information in respect of the hazardous product; and (c) a statement indicating that a work place safety data sheet for the hazardous product is available in the work place. (2) Subject to sections 10.37 and 10.39, where an employer produces a hazardous product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a hazardous product, and places the hazardous product in a container, the employer shall apply to the container a work place label that Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Labels Sections 10.36-10.38 discloses the information referred to in paragraphs (1)(a) to (c). (3) Subsection (2) does not apply in respect of a hazardous product that is (a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or (b) packaged in a container and offered for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2016-141, ss. 13, 20. Portable Containers 10.37 If an employer stores a hazardous product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container is exempted from the labelling requirements under section 10.35 or 10.36 if (a) the hazardous product is required for immediate use; or (b) the following conditions apply in respect of the hazardous product: (i) it is under the control of and used exclusively by the employee who filled the portable container, (ii) it is used only during the work shift in which the portable container was filled, and (iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 22(F); SOR/2016-141, s. 14. Special Cases 10.38 An employer shall, in a conspicuous place near a hazardous product, post a sign in respect of the hazardous product that discloses the product identifier if the hazardous product is (a) in a process, reaction or storage vessel; (b) in a continuous-run container; (c) in a bulk shipment that is not placed in a container at the work place; or Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Special Cases Sections 10.38-10.39 (d) not in a container and stored in bulk. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2016-141, s. 15. Laboratories 10.39 (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(5) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label: (a) if known by the supplier, the chemical name or generic chemical name of any material that is in the hazardous product and that is classified under the Hazardous Products Act and the Hazardous Products Regulations as a biohazardous infectious material; and (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product. (2) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(6) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(c) or (d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label: (a) if known by the supplier, the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1 to the Hazardous Products Regulations; and (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Laboratories Sections 10.39-10.40 obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product. (3) If a hazardous product is in a container other than the container in which it was received from a supplier or is produced in the work place, the employer is exempt from the requirements set out in section 10.36 and subparagraph 10.37(b)(iii) if (a) the employer has complied with subsection (4); (b) employee education and training is provided as required by these Regulations; and (c) the hazardous product (i) is a laboratory sample, (ii) is intended by the employer to be used solely for analysis, testing or evaluation in a laboratory, and (iii) is clearly identified through any mode of identification visible to employees at the work place. (4) For the purposes of paragraph (3)(a), the employer shall ensure that the mode of identification used and the employee education and training provided enable the employees to readily identify and obtain either the information required on a safety data sheet or the information set out in subsections (1) and (2) with respect to the hazardous product or laboratory sample. (5) The employer is exempt from the requirements of section 10.35 if a laboratory sample of a hazardous product is received in a work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/98-427, s. 8; SOR/2016-141, s. 16. Signs 10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees. SOR/88-68, s. 12; SOR/96-294, s. 2. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Replacing Labels Sections 10.41-10.42 Replacing Labels 10.41 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information: (a) the product identifier; (b) the hazard information in respect of the hazardous product; and (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place. (2) An employer shall review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2016-141, s. 17; SOR/2019-246, s. 74(E). Exemptions from Disclosure [SOR/2016-141, s. 18(F)] 10.42 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing, (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted. (2) If a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product. SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2016-141, s. 19. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Hazardous Waste Sections 10.43-10.45 Hazardous Waste 10.43 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by (a) applying a label to the hazardous waste or its container; or (b) posting a sign in a conspicuous place near the hazardous waste or its container. (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place. SOR/88-68, s. 12; SOR/94-263, s. 42; SOR/96-294, s. 2; SOR/2002-208, s. 43(F); SOR/ 2016-141, s. 19. Information Required in a Medical Emergency 10.44 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province. SOR/96-294, s. 2; SOR/2019-246, s. 75. Fire and Explosion Prevention 10.45 (1) [Repealed, SOR/98-427, s. 9] (2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49, (a) [Repealed, SOR/2000-374, s. 4] (b) dangerous goods means hazardous products used in these Regulations; and (c) in respect of a hazardous product classified under the Hazardous Products Regulations, (i) flammable liquids means flammable liquids used in these Regulations, (ii) combustible liquids means combustible liquids used in these Regulations, (iii) compressed gases means compressed gases used in these Regulations, substances means reactive flammable materials used in these Regulations, (iv) reactive Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Fire and Explosion Prevention Sections 10.45-10.49 (v) aerosol products means flammable aerosols used in these Regulations, (vi) poisonous and infectious substances means poisonous and infectious materials used in these Regulations, (vii) corrosive substances" means corrosive materials used in these Regulations, and (viii) oxidizing substances means oxidizing materials used in these Regulations. SOR/96-294, s. 2; SOR/98-427, s. 9; SOR/2000-374, s. 4; SOR/2016-141, s. 20. 10.46 Hazardous products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code. SOR/96-294, s. 2; SOR/2000-374, s. 5; SOR/2016-141, s. 20. 10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code. SOR/96-294, s. 2; SOR/2000-374, s. 5. 10.48 The provisions of Part 3 of the National Fire Code apply as follows: (a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5; (b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4; (c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; (d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and (e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4. SOR/96-294, s. 2; SOR/2000-374, s. 5. 10.49 The provisions of Part 4 of the National Fire Code apply as follows: Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART X Hazardous Substances DIVISION III Hazardous Products Fire and Explosion Prevention Section 10.49 (a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6; (b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6; (c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8; (d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, as required by subsection 4.1.6; (e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d); (f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3; (g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10; (h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11; (i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4); (j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and (k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2. SOR/96-294, s. 2; SOR/2000-374, s. 5; SOR/2011-206, s. 4(E). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Sections 11.01-11.02 PART XI Confined Spaces Interpretation 11.01 The following definitions apply in this Part. class of confined spaces means a group of at least two confined spaces that are likely, because of their similarity, to present the same hazards to persons entering, exiting or occupying them. (catégorie d’espaces clos) confined space means a space that (a) is enclosed or partially enclosed; (b) is not designed or intended for continuous human occupancy; and (c) has a limited or restricted means of entry or exit or an internal configuration that could complicate provision of first aid, evacuation, rescue or other emergency response. (espace clos) hazardous confined space means a confined space that, when entered, occupied or exited by persons, presents hazards likely to cause injury, illness or other adverse health effects to persons entering, exiting or occupying it because of (a) its design, construction, location or atmosphere; (b) the materials or substances in it; or (c) any other conditions relating to it. (espace clos dangereux) hot work means any work where a flame is used or a source of ignition may be produced. (travail à chaud) SOR/2021-143, s. 1. Confined Space Identification 11.02 (1) The employer must, in consultation with the work place committee or health and safety representative, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Confined Space Identification Sections 11.02-11.03 (a) survey the work place in order to determine whether it contains confined spaces that might be entered by persons in order to perform work for the employer; (b) identify each confined space; and (c) appoint a qualified person to determine whether a confined space is a hazardous confined space. (2) The employer must ensure that the qualified person provides them with a list of confined spaces including those identified as hazardous confined spaces. (3) The employer must ensure that there is a sign or marking at the entrance to each confined space indicating that: (a) it is a confined space or a hazardous confined space; and (b) it must not be entered without the authorization of the employer. (4) The employer must keep a record of all confined spaces referred to in subsection (2) and ensure that it is up-to-date and readily accessible to persons before they enter those spaces. The employer may either keep the record in the work place or keep a centralized record of confined spaces in respect of several work places in one work place. (5) If it is likely that an employee will enter a confined space that has been determined not to be a hazardous confined space in order to perform work for the employer, the employer must establish procedures with respect to safe entry and exit as well as person-check and emergency response systems to ensure the continued safety of employees. SOR/2021-143, s. 1. Hazard Assessment 11.03 (1) If it is likely that a person will enter a hazardous confined space in order to perform work for an employer, the employer must appoint one or more qualified persons to (a) carry out an assessment of the hazards to which the person is likely to be exposed in that hazardous confined space or in a hazardous confined space of the class to which it belongs; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Hazard Assessment Section 11.03 (b) specify the tests that are necessary to determine whether the person is likely to be exposed to any of the hazards identified under paragraph (a). (2) The employer must ensure that the qualified person or persons record the findings of the assessment in a signed and dated report to the employer that specifies the following: (a) the protection equipment referred to in part XII that is to be used by every person granted access to the hazardous confined space by the employer; (b) any insulated protection equipment and tools referred to in Part VIII that a person may need in the hazardous confined space; (c) the protection equipment and emergency equipment to be used by any person who takes part in the rescue of a person from the hazardous confined space or who responds to other emergency situations in the hazardous confined space; (d) any requirement for a first aid attendant; (e) steps to control or mitigate any hazards; and (f) any situation in which an entry permit system is required. (3) The employer must make a copy of the report available to the policy committee, if any, and the work place committee or the health and safety representative. (4) Subject to subsection (5), the employer must ensure that the report and the list made under subsections (2) and 11.02(2) respectively are reviewed by a qualified person at least once every three years. However, if there is reason to believe that the conditions inside a confined space have changed with respect to the last hazard assessment, due to changes to the structure, intended use or immediate surrounding area of the space or due to information about the space regarding a potential new hazard, the employer must ensure that the space is reassessed and treated in accordance with the new findings. (5) If a confined space has not been entered in the three years preceding the time when the assessment referred to in subsection (2) should have been carried out and no entry is scheduled, the assessment need not be carried out until it becomes likely that a person will enter the confined space in order to perform work for an employer. SOR/2021-143, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Hazard Assessment Sections 11.03-11.05 Confined Space Procedures 11.04 (1) Every employer must — after considering the report made under subsection 11.03(2) in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative — establish procedures, with the date when they are established specified in them, that are to be followed by a person entering, exiting or occupying a confined space assessed under subsection 11.03(1). (2) The procedures apply based on whether the confined space is listed as a confined space or a hazardous confined space under subsection 11.02(2) and take into account the report made under subsection 11.03(2). The procedures include (a) for each confined space (i) safe entry and exit procedures, (ii) two-way communication and person check systems, and (iii) emergency response measures; and (b) for each hazardous confined space, in addition to the requirements specified in paragraph (a), all risk control measures that would ensure the health and safety of a person in the space and an entry permit system, if required under the report. (3) If an entry permit system is required, the employer must ensure that it specifies the length of time that each permit is valid, and require that a record be made of (a) the name of the person entering the confined space; and (b) the date and time of entry, the anticipated date and time of exit and the actual date and time of exit. SOR/2021-143, s. 1. Verification Before Entry in and During Occupancy of Hazardous Confined Space 11.05 (1) The employer must ensure that no person is granted access to a hazardous confined space unless the employer has first appointed a qualified person to Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Verification Before Entry in and During Occupancy of Hazardous Confined Space Section 11.05 (a) verify, by means of tests and continuous monitoring, that if the atmosphere inside the hazardous confined space could be of concern, compliance with the following requirements can be achieved during the period of time that the person is in the space: (i) the concentration of any chemical agent or combination of chemical agents in the hazardous confined space to which the person is likely to be exposed will not exceed (A) the value referred to in paragraph 10.19(1)(a) for that chemical agent or combination of chemical agents, or (B) the percentage set out in subsection 10.20(1), or in subsection 10.20(2) under the circumstances described in that subsection for that chemical agent or combination of chemical agents, (ii) the concentration of any airborne hazardous substance, other than a chemical agent, that a person may be exposed to in the hazardous confined space is not hazardous to the health or safety of the person, and (iii) the percentage of oxygen in the air in the hazardous confined space is not less than 19.5% by volume and not more than 23% by volume, at normal atmospheric pressure; (b) verify that the following conditions are met, or if that is not feasible, that safety measures have been taken, including the use of engineering controls, to ensure the safety of the person who will be in the hazardous confined space: (i) any liquid in which the person could drown has been removed from the hazardous confined space, (ii) any free-flowing solid in which the person could become entrapped has been removed from the hazardous confined space, and (iii) the hazardous confined space is secured to prevent entry of hazardous materials and contaminants; and (c) verify that (i) all electrical and mechanical equipment that could present a hazard to the person has been disconnected from its power source, real or residual, and has been locked out, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Verification Before Entry in and During Occupancy of Hazardous Confined Space Sections 11.05-11.06 (ii) the opening for entry into and exit from the hazardous confined space is sufficient to allow the safe passage of a person using protection equipment, including the protection equipment and emergency equipment to be used by a person who takes part in a rescue of a person, and (iii) subject to subsection 11.06(1), the requirements set out in paragraph (a) can be complied with at all times when a person is in the hazardous confined space. (2) The employer must ensure that the qualified person makes certain that any equipment used to test the atmosphere inside a hazardous confined space is used, calibrated and maintained in accordance with the manufacturer’s instructions. (3) The employer must ensure that the qualified person sets out the results of verifications carried out in accordance with subsection (1) in a signed and dated report to the employer that specifies the test methods applied, the results of the tests and of the continuous monitoring, the test equipment used and any failure of the test equipment, control devices or systems. (4) The employer must (a) if the report made under subsection (3) indicates that a person who has entered the hazardous confined space was in danger, send the report to the policy committee, if any, and to the work place committee or the health and safety representative; (b) in all other cases, make the report available, in paper or electronic format, to the policy committee or, if there is no policy committee, to the work place committee or the health and safety representative. SOR/2021-143, s. 1. Emergency Procedures and Equipment 11.06 (1) If conditions in a hazardous confined space or the nature of the work to be performed in a hazardous confined space are such that the requirements set out in subsection 11.05(1) cannot be complied with at all times when a person is in the hazardous confined space, the employer must (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, establish emergency procedures to be followed in the event of Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Emergency Procedures and Equipment Section 11.06 an accident or other emergency in or near the hazardous confined space that include (i) a plan for reporting the emergency, and (ii) a list of necessary resources, including the required number of persons, to carry out the emergency procedures; (b) specify the date when the emergency procedures are established and provide a plan for the immediate evacuation of the hazardous confined space when (i) an alarm is activated, or (ii) there is any significant change in a concentration or percentage referred to in paragraph 11.05(1)(a) that would adversely affect the health or safety of a person in the hazardous confined space; (c) provide the protection equipment referred to in paragraph 11.03(2)(a) for each employee who is about to enter the hazardous confined space; (d) ensure that a qualified person trained in the emergency procedures established under paragraph (a) and the procedures established under section 11.04 is (i) in attendance outside the hazardous confined space, and (ii) in communication with the person inside the hazardous confined space; (e) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, provide the qualified person referred to in paragraph (d) with a suitable communication device or alarm for summoning assistance; and (f) ensure that the required number of persons as determined in subparagraph (a)(ii) are available to assist in the event of an emergency and to carry out the emergency procedures. (2) The employer must ensure that one of the persons referred to in paragraph (1)(f) (a) is trained in the emergency procedures established under paragraph (1)(a) and receives annual refresher training; (b) has a basic first aid and cardiopulmonary resuscitation (CPR) certificate; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Emergency Procedures and Equipment Sections 11.06-11.07 (c) is provided with the protection equipment and emergency equipment referred to in paragraph 11.03(2)(a). (3) The employer must ensure that every person granted access to a hazardous confined space has at their disposal the appropriate emergency procedures set out in paragraphs 11.06(1)(a) and (b) and that they follow those procedures. (4) The employer must ensure that every person entering, exiting or occupying a hazardous confined space referred to in subsection (1) wears an appropriate safety harness that is securely attached to a lifeline that (a) is attached to a secure anchor outside the hazardous confined space; (b) is monitored by the qualified person referred to in paragraph (1)(d); (c) protects the person from the hazard for which it is provided and does not in itself create a hazard; and (d) is, if feasible, equipped with a mechanical lifting device. SOR/2021-143, s. 1. Record of Emergency Procedures and Equipment 11.07 (1) If a person is about to enter a hazardous confined space under circumstances such that the requirements set out in paragraph 11.05(1)(a) cannot be complied with, the employer must ensure that the qualified person referred to in paragraph 11.06(1)(d), in a signed and dated report to the employer, (a) specifies the emergency procedures established under paragraphs 11.06(1)(a) and (b) that are to be followed and the protection equipment, insulated protection equipment and tools and the emergency equipment that are to be used; and (b) specifies any additional procedures and any other equipment that may be needed to ensure the health and safety of the person. (2) The employer must ensure that the report made under subsection (1) and any emergency procedures specified in it are explained by the qualified person to every employee who is about to enter a hazardous confined space. Every employee who has received the explanation must sign and date a copy of the report to acknowledge Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Record of Emergency Procedures and Equipment Sections 11.07-11.1 that they have read it and that it has been explained to them. SOR/2021-143, s. 1. Provision and Use of Equipment 11.08 (1) The employer must provide (a) each employee who is granted access to a hazardous confined space with the protection equipment specified under paragraph 11.03(2)(a); and (b) each employee who is to take part in rescue operations with the protection equipment and emergency equipment specified under paragraph 11.03(2)(c). (2) The employer must ensure that every employee who enters, exits or occupies a hazardous confined space follows the procedures established pursuant to subsection 11.04(1) and uses the protection equipment specified under paragraphs 11.03(2)(a) and (b). (3) The employer must ensure that (a) any person who is granted access to a hazardous confined space has the equipment specified in paragraph 11.03(2)(a), failing which the employer must provide it; (b) any person who is to take part in rescue operations has the protection equipment and emergency equipment set out in paragraph 11.03(2)(c); and (c) any person who enters, exits or occupies a hazardous confined space complies with the procedures established in subsection 11.04(1) and uses the protection equipment specified in paragraphs 11.03(2)(a) and (b). SOR/2021-143, s. 1. Closing off a Confined Space 11.09 The employer must ensure that no person closes off a confined space unless a qualified person has verified that no person is inside it. SOR/2021-143, s. 1. Hot Work 11.1 (1) Unless a qualified person has determined that the work can be performed safely, the employer must ensure that hot work is not performed in a hazardous confined space that contains Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Hot Work Sections 11.1-11.11 (a) an explosive or flammable hazardous substance in a concentration in excess of 10% of its lower explosive limit; or (b) oxygen in a concentration in excess of 23%. (2) If hot work is to be performed in a hazardous confined space that contains concentrations of flammable or explosive materials in excess of the concentrations set out in paragraph (1)(a) or (b), (a) a qualified person must patrol the area surrounding the hazardous confined space and maintain a fireprotection watch in that area until the fire hazard has passed; and (b) the employer must ensure that the emergency equipment specified under paragraph 11.03(2)(c) is provided in the area referred to in paragraph (a). (3) If an airborne hazardous substance can be produced by hot work in a hazardous confined space, the employer must ensure that no person enters or occupies that hazardous confined space unless (a) the requirements of section 11.11 are met; or (b) that person uses respiratory protection equipment that meets the requirements of sections 12.04, 12.05 and 12.13. SOR/88-68, s. 14; SOR/88-632, s. 48(F); SOR/92-544, s. 1; SOR/95-286, s. 1(E); SOR/ 2021-143, s. 1. 11.2 [Repealed, SOR/2021-143, s. 1] 11.3 [Repealed, SOR/2021-143, s. 1] 11.4 [Repealed, SOR/2021-143, s. 1] 11.5 [Repealed, SOR/2021-143, s. 1] 11.6 [Repealed, SOR/2021-143, s. 1] 11.7 [Repealed, SOR/2021-143, s. 1] 11.8 [Repealed, SOR/2021-143, s. 1] 11.9 [Repealed, SOR/2021-143, s. 1] 11.10 [Repealed, SOR/2021-143, s. 1] Ventilation Equipment 11.11 (1) If ventilation equipment is used to maintain the concentration of a chemical agent or combination of chemical agents in a hazardous confined space at or Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Ventilation Equipment Sections 11.11-11.12 below the concentration referred to in subparagraph 11.05(1)(a)(i), or to maintain the percentage of oxygen in the air of a hazardous confined space within the limits referred to in subparagraph 11.05(1)(a)(iii), the employer must not grant access to the hazardous confined space unless (a) the ventilation equipment is (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to every person in the hazardous confined space, or (ii) monitored by an employee who is in constant attendance at the equipment and who is in communication with any person in the hazardous confined space; and (b) if the ventilation equipment fails, the person will have enough time to escape from the hazardous confined space before (i) the concentration of the chemical agent or combination of chemical agents in the hazardous confined space exceeds the concentration referred to in subparagraph 11.05(1)(a)(i), or (ii) the percentage of oxygen in the air of the hazardous confined space ceases to remain within the limits referred to in subparagraph 11.05(1)(a)(iii). (2) If the ventilation equipment fails, the employee referred to in subparagraph (1)(a)(ii) must immediately inform any person in the hazardous confined space of the failure of the equipment. (3) If the report referred to in subsection 11.03(2) determines that a hazardous confined space requires continuous ventilation, the employer must ensure continuous atmospheric monitoring while the hazardous confined space is occupied. SOR/92-544, s. 1; SOR/95-286, s. 10(F); SOR/2019-246, s. 82(F); SOR/2021-143, s. 1. Instruction and Training 11.12 (1) The employer must provide every employee who is likely to enter a confined space with instruction and training in (a) the procedures and the emergency procedures established under subsection 11.04(1) and paragraphs 11.06(1)(a) and (b), respectively; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XI Confined Spaces Instruction and Training Sections 11.12-11.13 (b) the use of the protection equipment referred to in paragraph 11.03(2)(a). (2) The employer must ensure that no person enters a confined space unless the person is instructed in (a) the procedures and the emergency procedures established under subsection 11.04(1) and paragraphs 11.06(1)(a) and (b), respectively; and (b) the use of the protection equipment referred to in paragraph 11.03(2)(a). (3) The employer must ensure that all persons granted access to a confined space have received instruction and training in accordance with subsection 11.04(1) and paragraph 11.06(1)(a). SOR/92-544, s. 1; SOR/2021-143, s. 1. Retention of Records 11.13 The employer must keep at their place of business nearest to the work place in which the confined space is located, and make readily available in paper or electronic format, (a) any report made under subsection 11.03(2), the procedures established under subsection 11.04(1) and the emergency procedures established under paragraph 11.06(1)(a) for a period of ten years after the day on which the qualified person signed the report or the procedures were established; (b) any report made under subsection 11.05(3) for (i) a period of ten years after the day on which the qualified person signed the report if the verification procedures undertaken under paragraphs 11.05(1)(a) and (c) indicate that the requirements set out in subparagraphs 11.05(1)(a)(i) to (iii) were not complied with, or (ii) in every other case, for a period of two years after the day on which the qualified person signed the report; and (c) any records of employees being trained under section 11.12 for (i) as long as the employee works for the employer; or (ii) a period of two years after the day on which an employee ceases to perform any activity in a confined space. SOR/2021-143, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Section 12.01 PART XII Protection Equipment and Other Preventive Measures Interpretation 12.01 The following definitions apply in this Part. CBRN agent means a chemical, biological, radiological or nuclear agent. (agent CBRN) fall hazard zone means a defined area bordering on an edge that is unguarded against a risk of falling. (zone de risque de chute) fall hazard zone system means a system that consists of a fall hazard zone that is supervised by a fall hazard zone monitor. (système pour zone de risque de chute) fall-arrest system means a collection of protection equipment that attaches a person to an anchorage and is designed and configured to arrest a free fall. (dispositif antichute) fall-protection system means a system that is designed and configured to eliminate or reduce the risk of a person falling, restrain a person who is at risk of falling or arrest a person’s fall. The system may be composed of one or more of the following: (a) a passive fall-protection system; (b) a fall-restraint system; (c) a fall-arrest system; (d) a fall hazard zone system. (dispositif de protection contre les chutes) fall-restraint system means a collection of protection equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an unguarded edge. (dispositif de retenue contre les chutes) passive fall-protection system means a system of physical barriers that is designed and installed to prevent a person from falling, including guardrails, fences, barricades or covers. (dispositif passif de protection contre les chutes) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Interpretation Sections 12.01-12.05 personal fall-protection system means a fall-restraint system or fall-arrest system. (dispositif individuel de protection contre les chutes) SOR/2019-243, s. 4. 12.02 (1) Unless otherwise indicated in this Part, any reference in this Part to a standard is a reference to that standard as amended from time to time. (2) Any amendment to a CSA Group standard, a CSA standard or a UL standard that is incorporated by reference in this Part is effective on the 30th day after the day on which the amendment is published by the CSA Group or by UL, as the case may be, in both official languages. SOR/2019-243, s. 4; SOR/2022-94, s. 2. General 12.03 (1) If it is not feasible to eliminate a health or safety hazard in a work place or to reduce it to within safe limits and the use of protection equipment may eliminate or reduce the risk of injury from that hazard, every person who is granted access to the work place and who is exposed to that hazard must use the protection equipment prescribed by this Part. (2) Despite subsection (1), a person who provides instruction and training in the provision of emergency rescue services or who is instructed and trained in the provision of those services and provides them in an emergency situation may use protection equipment other than the equipment that is prescribed by this Part. SOR/2019-243, s. 4. 12.04 Any protection equipment that is provided or used in a work place must be designed to protect the person from the hazard in question and must not in itself create a hazard. SOR/2019-243, s. 4. 12.05 (1) All protection equipment that is provided by an employer must (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition; (b) in the case of equipment that is worn by a person, (i) be safely and properly fitted to each user by a qualified person in accordance with the manufacturer’s instructions, and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures General Sections 12.05-12.06 (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions; (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions; and (d) in the case of equipment that is used in a fall-protection system, be used in accordance with the manufacturer’s instructions. (2) In the case of equipment that is used in a fall-protection system, if there are no instructions from the manufacturer with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling referred to in paragraphs (1)(a) to (d), the equipment must be stored, maintained, inspected, tested, fitted, installed, used or dismantled in accordance with the fallprotection plan. SOR/2019-243, s. 4. Fall Protection Fall-protection Plan 12.06 (1) If there is a risk of injury due to falling in any of the circumstances described in paragraphs 12.07(1)(a), (b) or (c) in a work place, the employer must, before any work activities begin, (a) develop a fall-protection plan in consultation with the work place committee or the health and safety representative; and (b) ensure that a copy of the fall-protection plan is readily available at the work place for consultation. (2) The fall-protection plan must specify (a) the hazards that have been identified for each work area and each activity to be carried out at the work place; (b) the fall-protection systems that have been chosen to protect against the identified hazards; (c) if a personal fall-protection system is used, the anchorage to be used during the work; (d) if a fall-arrest system is used, the clearance distance below each work area; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Fall Protection Fall-protection Plan Sections 12.06-12.07 (e) if there are no manufacturer’s instructions with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is used in a fall-protection system and that is provided by an employer, the procedures to be followed for the purposes of paragraphs 12.05(1)(a) to (d); and (f) the rescue procedures to be followed if a person falls. (3) The fall-protection plan must include, in annex, a copy of any manufacturer’s instructions with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is used in a fall-protection system and that is provided by an employer. (4) The fall-protection systems referred to in paragraph (2)(b) are to be chosen in consultation with the work place committee or the health and safety representative, as appropriate for the work area and activity in question, taking into account the following order of priority: (a) passive fall-protection system; (b) fall-restraint system; (c) fall-arrest system; and (d) fall hazard zone system. (5) The clearance distance referred to in paragraph (2)(d) must be sufficient to prevent a person from hitting the ground or an object or surface below the work area during a fall. SOR/2019-243, s. 4. Fall-protection Systems 12.07 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system if work is to be performed (a) from a structure or on a vehicle at a height of 3 m or more; (b) from a ladder at a height of 3 m or more if, because of the nature of the work, the person performing it is unable to use at least one hand to hold onto the ladder; or Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Fall Protection Fall-protection Systems Sections 12.07-12.08 (c) at a height of less than 3 m if the surface onto which the person might fall would present a greater risk of injury than a solid, flat surface. (2) If an employee is required to work on a vehicle and it is not feasible to provide or put in place a fall-protection system, an employer must (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, (i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and (ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there; (b) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to provide or put in place a fall-protection system and include in that report the job safety analysis and a description of the instruction and training referred to in paragraph (a); and (c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. (3) The job safety analysis, instruction and training referred to in paragraph (2)(a) must be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. SOR/2019-243, s. 4; SOR/2021-118, s. 6. 12.08 (1) A fall hazard zone must be at least 2 m wide and extend the entire length of the unguarded edge. (2) A fall hazard zone must only be established on a surface that has a slope of five degrees or less. (3) If a person needs to carry out an activity in a fall hazard zone or cross a fall hazard zone to get to or from a work area, (a) the employer must ensure the presence of a fall hazard zone monitor whose exclusive duties are to Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Fall Protection Fall-protection Systems Sections 12.08-12.09 (i) supervise the fall hazard zone whenever an activity is being carried out there, and (ii) ensure that the requirements of the fall-protection plan are respected; (b) the employer must install, along the border between the fall hazard zone and any other work area, a raised demarcation line at a height of not less than 900 mm but not more than 1 100 mm; and (c) the employer must ensure that a personal fall-protection system is used. (4) If a fall hazard zone system has been established in a work place, the employer must ensure that every person who is granted access to the work place is informed of the fall hazard zone system’s existence and is familiar with the procedures to be followed for accessing, performing work in and leaving the fall hazard zone. SOR/2019-243, s. 4. Protection Equipment and Procedures Fall Protection 12.09 (1) If there is a risk of injury due to falling in a work place and the fall-protection plan requires that a personal fall-protection system be used, the employer must provide such a system to every person — other than a person who is installing or dismantling a fall-protection system — who is granted access to the work place. (2) A personal fall-protection system must meet the requirements set out in the following CSA Group standards: (a) Z259.16, Design of active fall-protection systems; and (b) Z259.17, Selection and use of active fall-protection equipment and systems. (3) The components of a personal fall-protection system must meet the requirements set out in the following CSA Group standards: Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Fall Protection Section 12.09 (a) Z259.1, Body belts and saddles for work positioning and travel restraint; (b) Z259.2.2, Self-retracting devices; (c) Z259.2.3, Descent devices; (d) Z259.2.4, Fall arresters and vertical rigid rails; (e) Z259.2.5, Fall arresters and vertical lifelines; (f) Z259.10, Full body harnesses; (g) Z259.11, Personal energy absorbers and lanyards; (h) Z259.12, Connecting components for personal fall-arrest systems (PFAS); (i) Z259.13, Manufactured horizontal lifeline systems; (j) Z259.14, Fall restrict equipment for wood pole climbing; and (k) Z259.15, Anchorage connectors. (4) The components of a personal fall-protection system must be compatible and must be used in accordance with the manufacturer’s instructions. (5) If more than one personal fall-protection system is secured to an anchorage, a separate anchorage connector must be used for each personal fall-protection system. (6) The employer must ensure that a person who is using a personal fall-protection system wears and uses a full body harness. (7) The employer must ensure that, before each work shift, every employee inspects their personal fall-protection system in accordance with the fall-protection plan. (8) The employer must ensure that a person who works on an aerial device, boom-type elevating platform, scissor lift platform, forklift truck platform or any similar personnel lifting equipment in the circumstances described in subsection 12.07(1) uses a fall-restraint system that is connected to Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Fall Protection Sections 12.09-12.11 (a) an anchorage that is specified in the instructions of the manufacturer of the lifting equipment; or (b) if no anchorage is specified by the manufacturer, an anchorage that is certified by a person who is authorized to exercise the profession of engineering in Canada and that meets the requirements set out in CSA Group Standard Z259.16, Design of active fallprotection systems. (9) If the use of a fall-restraint system would prevent the person referred to in subsection (8) from carrying out their work, the employer must ensure that a fall-arrest system is used. SOR/2019-243, s. 4. Protective Headwear 12.1 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must ensure that protective headwear that meets the requirements set out in CSA Group Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, or in ANSI Standard Z89.1, American National Standard for Industrial Head Protection, is worn. (2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective headwear selected by the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn. SOR/94-263, s. 44(F); SOR/95-533, s. 2(F); SOR/2002-208, s. 39; SOR/2019-243, s. 4. Protective Footwear 12.11 (1) Subject to subsection (3), if there is a risk of foot injury or electric shock in a work place, the employer must ensure that protective footwear that meets the requirements set out in CSA Group Standard Z195, Protective footwear is worn. (2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Protective Footwear Sections 12.11-12.13 footwear selected by them, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn. (3) If there is a risk of injury due to slipping in a work place, the employer must ensure that slip-resistant footwear is worn. SOR/88-632, s. 51(F); SOR/2019-243, s. 4. Eye and Face Protection 12.12 (1) If there is a risk of injury to the eyes or face in a work place, the employer must provide every person who is granted access to the work place with eye or face protection equipment that is selected by the employer in accordance with Annex A of CSA Group Standard Z94.3, Eye and face protectors, and that meets the requirements set out in that standard. (2) If there is routine exposure to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents in a work place, contact lenses must not be worn. SOR/2002-208, s. 27; SOR/2019-243, s. 4. Respiratory Protection 12.13 (1) If there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements: (a) it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time; (b) it meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators; and (c) it protects the respiratory tract against the oxygen deficiency. (1.1) [Repealed, SOR/2021-140, s. 1] (2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements: Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Respiratory Protection Section 12.13 (a) if air is supplied by means of the respiratory protective equipment, it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time; (b) if air is not supplied by means of the respiratory protective equipment, it is listed (i) in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, or (ii) in the CSA Group publication entitled CSA Group Product Listing, as amended from time to time; (c) for respiratory protective equipment referred to in subparagraph (b)(ii), it meets the requirements set out in CSA Standard Z94.4.1, Performance of filtering respirators; (d) it meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators; and (e) it protects the respiratory tract against the hazardous substance. (3) If there is a risk of injury or disease due to exposure to CBRN agents in a work place, the employer must provide every person who is granted access to the work place with respiratory protection equipment for protection against those CBRN agents that (a) in the case of a first responder in respect of events that may involve CBRN agents, meets the requirements set out in CSA Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events; and (b) in any other case, (i) is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, and meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators, or (ii) meets the requirements set out in CSA Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Respiratory Protection Sections 12.13-12.15 (4) The employer must ensure that respiratory protective equipment referred to in subsections (1) and (2) and subparagraph (3)(b)(i) is used and cared for in accordance with CSA Standard Z94.4, Selection, use, and care of respirators. SOR/88-632, s. 52(F); SOR/2019-243, s. 4; SOR/2021-140, s. 1; SOR/2022-94, s. 3. 12.13.1 The employer must ensure that air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems. SOR/2022-94, s. 4. Skin Protection 12.14 (1) If there is a risk of injury or disease to or transmitted through the skin in a work place, the employer must provide every person who is granted access to the work place with (a) a shield or screen; (b) a cream or other product to be applied to the skin; or (c) appropriate protective clothing. (2) If sunscreen is provided by the employer, the sunscreen must be broad-spectrum and have a minimum sun protection factor of 30. SOR/88-632, s. 53(F); SOR/2019-243, s. 4. Protection Against Drowning 12.15 (1) If there is a risk of drowning in a work place, the employer must (a) provide every person who is granted access to the work place with (i) a life jacket that meets the requirements set out in the Canadian General Standards Board Standard 65.7, Life Jackets, in its 2007 version, as it existed before its withdrawal in November 2016, published on the Government of Canada website publications.gc.ca, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Protection Against Drowning Sections 12.15-12.17 (ii) a personal flotation device or buoyancy aid that has a level 70 performance within the meaning of UL Standard 12402-5, Personal flotation devices — Part 5: Buoyancy aids (level 50) — Safety requirements, when tested in accordance with UL Standard 12402-9, Personal Flotation Devices — Part 9: Test Methods, or (iii) a safety net or a personal fall-protection system; (b) provide emergency equipment and ensure that it is in good operating condition and readily available; (c) ensure that a qualified person is available on site to operate the emergency equipment; (d) if appropriate, provide a power boat and ensure that it is in good operating condition and readily available; and (e) prepare written emergency procedures that contain (i) a full description of the procedures to be followed and the responsibilities of all persons who are granted access to the work place, and (ii) the location of any emergency equipment. (2) If the work place is a wharf, dock, pier, quay or similar structure, a ladder that extends at least two rungs below water level must be installed on the face of the structure every 60 m along its length. SOR/2019-243, s. 4. Loose Clothing 12.16 If there is a risk of injury in a work place that is due to loose clothing, long hair, jewellery or similar items, the employer must ensure that, if those items are worn, they are tied, covered or otherwise secured in order to eliminate or reduce the risk of injury. SOR/2019-243, s. 4. Protection Against Moving Vehicles 12.17 If there is a risk of injury in a work place that is due to moving vehicles, the employer must provide every Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Protection Equipment and Procedures Protection Against Moving Vehicles Sections 12.17-12.2 person who is granted access to the work place with highvisibility safety apparel that meets the requirements set out in CSA Group Standard Z96, High-visibility safety apparel. SOR/2019-243, s. 4. Defective Equipment 12.18 If an employee finds a defect in protection equipment that may render it unsafe, they must report the defect to their employer as soon as feasible. SOR/2019-243, s. 4. 12.19 (1) An employer must remove from service any protection equipment that has a defect that may render it unsafe and must mark or tag that equipment to indicate that it is unsafe for use. (2) Protection equipment that has a defect that renders it unsafe may only be returned to service if it is restored to good operating condition by a qualified person in accordance with section 12.05. SOR/2019-243, s. 4. Instruction and Training 12.2 (1) An employer must ensure that every person who is granted access to a work place and who uses protection equipment is provided with instruction by a qualified person in the use of that equipment. (2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protection equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use. (3) If a fall-protection plan has been developed for a work place under paragraph 12.06(1)(a), the employer must ensure that every employee is provided with training by a qualified person in respect of the fall-protection plan. (4) If there is a risk of drowning in a work place, the employer must ensure that every person who is granted access to the work place is provided with instruction by a qualified person in respect of the written emergency procedures referred to in paragraph 12.15(1)(e). (5) The employer must ensure that the instruction and training referred to in subsections (1) to (4) is summarized in writing and must keep a copy of that summary Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XII Protection Equipment and Other Preventive Measures Instruction and Training Sections 12.2-13.1 readily available for consultation by every person who is granted access to the work place. SOR/2019-243, s. 4. Records 12.21 (1) An employer must keep a record of all of the protection equipment that is provided by them other than disposable equipment. (2) The record must contain the following information: (a) a description of the equipment and the date of its acquisition by the employer; (b) the date and result of each inspection and test of the equipment; (c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and (d) the name of the person who performed the inspection, test or maintenance of the equipment. (3) The record must be kept at the work place where the protection equipment is located and must continue to be kept there for a period of two years beginning on the day on which the equipment is permanently removed from service or, if a standard referred to in this Part requires that records be kept in respect of that equipment for a longer period, for that longer period. SOR/2019-243, s. 4. 12.3 to 12.9 [Repealed, SOR/2019-243, s. 4] PART XIII Tools and Machinery Interpretation 13.1 In this Part, explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIII Tools and Machinery Design, Construction, Operation and Use of Tools Sections 13.2-13.7 Design, Construction, Operation and Use of Tools 13.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material. SOR/88-632, s. 54. 13.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991. SOR/94-263, s. 48; SOR/2022-94, s. 5(F). 13.4 (1) Subject to subsection (2), all portable electric tools used by employees shall be grounded. (2) Subsection (1) does not apply to tools that (a) are powered by a self-contained battery; (b) have a protective system of double insulation; or (c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977. SOR/94-263, s. 49(F); SOR/2019-246, s. 83(F); SOR/2022-94, s. 5(F). 13.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in the area of that hazard. 13.6 Where an air hose is connected to a portable airpowered tool used by an employee, a restraining device shall be attached (a) where an employee may be injured by the tool falling, to the tool; and (b) to all hose connections, in order to prevent injury to an employee in the event of an accidental disconnection of a hose. 13.7 (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June, 1975. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIII Tools and Machinery Design, Construction, Operation and Use of Tools Sections 13.7-13.12 (2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer. (3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1). SOR/2022-94, s. 5(F). 13.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985. SOR/2022-94, s. 5(F). Defective Tools and Machines 13.9 If an employee finds any defect in a tool or machine that may render it unsafe for use, they shall report the defect to their employer as soon as feasible. SOR/2019-246, s. 84. 13.10 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use. SOR/2019-246, s. 85(F). Instructions and Training 13.11 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use. SOR/2019-246, s. 85(F). 13.12 (1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees. (2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies. SOR/88-632, s. 55(F); SOR/2019-246, s. 86(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIII Tools and Machinery General Requirements for Machine Guards Sections 13.13-13.16 General Requirements for Machine Guards 13.13 (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that (a) prevents the employee or any part of his body from coming into contact with the parts or material; (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or (c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury. (2) If feasible, a machine guard referred to in subsection (1) shall not be removable. (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1). SOR/94-263, s. 50(F); SOR/2019-246, s. 87. Use, Operation, Repair and Maintenance of Machine Guards 13.14 Machine guards shall be operated, maintained and repaired by a qualified person. 13.15 Subject to section 13.16, where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position. SOR/94-263, s. 51; SOR/2021-122, s. 7(F). 13.16 (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been locked out in accordance with a written lock out procedure provided by the employer. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIII Tools and Machinery Use, Operation, Repair and Maintenance of Machine Guards Sections 13.16-13.19 (2) If it is not feasible to lock out a machine referred to in subsection (1) in order to perform repair or maintenance work on the machine, the work may be performed if (a) the person performing the work follows written instructions provided by the employer that will ensure that any hazard to that person is not significantly greater than it would be if the machine had been locked out; and (b) the person performing the work (i) obtains a written authorization from the employer each time the work is performed, and (ii) performs the work under the direct supervision of a qualified person. SOR/2019-246, s. 88. 13.17 A copy of the instructions referred to in section 13.16 shall be kept readily available by the employer for the information of persons who perform repair and maintenance work on his machines. SOR/2019-246, s. 89(F). Abrasive Wheels 13.18 Abrasive wheels shall be (a) used only on machines equipped with machine guards, (b) mounted between flanges, and (c) operated in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February, 1979. SOR/88-632, s. 56(F); SOR/2022-94, s. 5(F). 13.19 A bench grinder shall be equipped with a work rest or other device that (a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and (b) does not make contact with the abrasive wheel at any time. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIII Tools and Machinery Mechanical Power Transmission Apparatus Sections 13.20-14.1 Mechanical Power Transmission Apparatus 13.20 Equipment used in the mechanical transmission of power shall be guarded in accordance with sections 7 to 10 of ANSI Standard ANSI B15.1-1972, Safety Standard for Mechanical Power Transmission Apparatus, dated July, 1972. Woodworking Machinery 13.21 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March, 1977. SOR/2022-94, s. 5(F). Punch Presses 13.22 Punch presses shall meet the standards set out in CSA Standard Z142-1976, Code for the Guarding of Punch Presses at Point of Operation, dated February, 1976. SOR/2022-94, s. 5(F). PART XIV Materials Handling Interpretation 14.1 In this Part, materials handling equipment means equipment, including its supporting structures, auxiliary equipment and rigging devices, used to transport, lift, move or position persons, materials, goods or things and includes mobile equipment used to lift, hoist or position persons, but does not include an elevating device that is permanently installed in a building; (appareil de manutention) motorized hand-rider truck means motorized materials handling equipment that is designed to be controlled by a walking or onboard operator; (chariot à conducteur porté ou accompagnant) operator means a person who controls the operation of motorized or manual, materials handling equipment and who has received or is receiving instructions and training in respect of the procedures referred to in subsection 14.23(1) or (3) as the case may be; (opérateur) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling Interpretation Sections 14.1-14.3 safe working load means the maximum load that the motorized or manual materials handling equipment is designed and constructed to handle or support safely under particular operating conditions; (charge de travail admissible) signaller means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of motorized materials handling equipment. (signaleur) SOR/96-400, s. 1; SOR/2019-246, s. 90. Application 14.2 This Part does not apply in respect of (a) subject to subsection 14.4(4), the use and operation of motor vehicles on public roads; (b) the use and operation of tackle regulated pursuant to the Canada Shipping Act in the loading or unloading of ships; or (c) the underground workings of mines. SOR/96-400, s. 1. DIVISION I Design and Construction General 14.3 (1) Motorized and manual materials handling equipment shall, if feasible, be so designed and constructed that if there is a failure of any part of the materials handling equipment, that failure will not result in loss of control of the materials handling equipment or create a hazardous condition. (2) All glass and other transparent materials used in doors, windows and other parts of motorized materials handling equipment shall be of a type that does not shatter into sharp or dangerous pieces on impact. (3) Subject to subsection 14.51(1), an employer shall ensure that the onboard operator’s compartment in, or position on, motorized materials handling equipment provides adequate adjustability of range to accommodate Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction General Sections 14.3-14.6 properly the operator for the work that is required to be done. SOR/96-400, s. 1; SOR/2019-246, s. 91. Protection from Falling Objects 14.4 (1) If motorized materials handling equipment is used under such circumstances that there is a risk that the on board operator of the equipment could be struck by a falling object or shifting load, the employer shall equip the motorized materials handling equipment with a protective structure of such a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the compartment or position occupied by the operator. (2) Subsection (1) does not apply to a motorized handrider truck unless there is a risk of its operator being struck by a falling object or shifting load. (3) A protective structure referred to in subsection (1) shall be (a) constructed of non-combustible or fire-resistant material; and (b) designed to permit quick exit from the motorized materials handling equipment in an emergency. (4) If there is a risk that materials, goods or things could shift and endanger employees in a motor vehicle acquired after July 1, 1995 and having a gross vehicle weight of less than 4 500 kg, the employer shall install a bulkhead or other means to protect the employees. SOR/96-400, s. 1; SOR/2019-246, s. 92. 14.5 Where during the loading or unloading of motorized materials handling equipment the load will pass over the operator’s compartment or position, the operator shall not occupy that compartment in, or position on, the equipment unless it is equipped with a protective structure required under section 14.4. SOR/96-400, s. 1. Protection from Overturning 14.6 (1) Subject to subsection 14.51(2), where motorized materials handling equipment is used in circumstances where it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction Protection from Overturning Sections 14.6-14.8 Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991, as amended from time to time, and that will prevent the operator of the motorized materials handling equipment from being trapped or crushed under the equipment if it does turn over. (2) Subject to subsection 14.51(1), all motorized materials handling equipment used in circumstances described in subsection (1) shall be fitted with (a) seat-belts; and (b) restraining devices preventing the displacement of the battery if the equipment turns over. SOR/88-632, s. 57(F); SOR/94-263, s. 52; SOR/96-400, s. 1; SOR/2019-246, s. 93(F); SOR/ 2022-94, s. 5(F). Seat-Belts 14.7 Where motorized materials handling equipment is used under conditions where a seat-belt or shoulder-type strap restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment shall be equipped with such a belt or device. SOR/88-68, s. 14; SOR/94-263, s. 53(F); SOR/96-400, s. 1; SOR/2019-246, s. 94(F). Fuel Tanks 14.8 (1) If a fuel tank, compressed gas cylinder or other container or any associated assembly mounted on motorized materials handling equipment contains a hazardous substance, the employer shall ensure that the tank, cylinder, container or assembly is (a) so located or guarded that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment; (b) connected to fuel overflow and vent pipes that are so located that fuel spills and vapours cannot be (i) ignited by hot exhaust pipes or other hot or sparking parts, or (ii) hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment; and (c) labelled on its servicing caps or covers as to its contents. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction Fuel Tanks Sections 14.8-14.12 (2) Subject to subsection 14.51(2), the installation, operation and maintenance of propane fuelled motorized materials handling equipment shall be in accordance with the Canadian Gas Association Standard CAN/CGAB149.2-M91, Propane Installation Code, dated 1991, as amended from time to time. SOR/96-400, s. 1; SOR/2002-208, s. 28. Protection from Elements 14.9 (1) Motorized materials handling equipment that is regularly used outdoors shall be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to the operator’s health or safety. (2) Where the heat produced by motorized materials handling equipment results in a temperature above 26°C in the compartment or position occupied by that operator, the area shall be protected from the heat by an insulated barrier. SOR/96-400, s. 1; SOR/2002-208, s. 41; SOR/2019-246, s. 95(F). Vibration 14.10 Subject to subsection 14.51(1), an employer shall ensure that all motorized materials handling equipment in use is designed and constructed so that any employee required to operate or ride on it will not be injured or its control will not be impaired by any vibration, jolting or uneven movement of the materials handling equipment. SOR/88-632, s. 58; SOR/96-400, s. 1. Controls 14.11 Subject to subsection 14.51(1), the design and arrangement of displays and controls and the design and layout of the operator’s compartment or position on all motorized materials handling equipment shall not hinder or prevent its operator from operating the equipment and shall, if feasible, maximize its operator’s ability to collect, comprehend and process information necessary for the safe use of the equipment. SOR/96-400, s. 1; SOR/2019-246, s. 96. Fire Extinguishers 14.12 (1) An employer shall equip motorized materials handling equipment that is used for transporting or handling flammable substances with a dry chemical fire extinguisher. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction Fire Extinguishers Sections 14.12-14.14 (2) A fire extinguisher referred to in subsection (1) shall (a) have not less than a 5 B, C rating as defined in the National Fire Code; (b) meet the standards set out in section 6.2 of the National Fire Code; and (c) be so located that it is readily accessible to the operator of the motorized materials handling equipment while the operator is in the operating position. (3) Subsection (1) does not apply to motorized materials handling equipment that is used exclusively within a building that has the fire extinguishers required by Part XVII. SOR/96-400, s. 1. Means of Entering and Exiting 14.13 (1) Subject to subsection 14.51(1), an employer shall ensure that all motorized materials handling equipment has a safe means of entering and exiting (a) the work area of the operator; and (b) any other place on the equipment to which an employee requires regular access. (2) A safe means referred to in subsection (1) shall take into account the employee’s body dimensions while wearing personal protective equipment and shall not require the employee to jump from the motorized materials handling equipment. SOR/96-400, s. 1; SOR/2019-246, s. 97(F). Lighting 14.14 (1) Subject to subsection (2), where motorized materials handling equipment is used by an employee in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, the materials handling equipment shall be fitted with (a) warning lights on the front and rear that are visible from a distance of not less than 100 m; and (b) lighting that ensures the safe operation of the equipment. (2) No motorized materials handling equipment shall be used at night on a route that is used by other vehicles unless it is fitted with such lights as are required under the laws of the province in which the equipment is used. SOR/96-400, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction Control Systems Sections 14.15-14.17 Control Systems 14.15 All motorized materials handling equipment shall be fitted with braking, steering and other control systems that (a) are capable of controlling and stopping its movement and that of any hoist, bucket or other part of the equipment; and (b) respond reliably and quickly to moderate effort on the part of the employee controlling them. SOR/96-400, s. 1. Warning Devices 14.16 (1) Motorized materials handling equipment that is used in an area occupied by employees and that travels (a) forward at speeds in excess of 8 km/h shall be fitted with a horn or other similar audible warning device; and (b) in reverse shall, subject to subsection 14.51(1), be fitted with a horn or other similar audible warning device that automatically operates while it travels in reverse. (2) Where an audible warning device referred to in subsection (1) cannot be clearly heard above the noise of the motorized materials handling equipment and any surrounding noise, does not allow enough time for a person to avoid the danger in question or does not otherwise provide adequate warning, other visual, audible or tactile warning devices or methods shall be used so that adequate warning is provided. (3) Where the use of an audible warning device referred to in subsection (1) would result in night-time noise levels in excess of those allowed by a municipal by-law applicable where the motorized material handling equipment is used, visual or tactile warning devices or methods may be used at night if such devices or methods provide an adequate warning. SOR/96-400, s. 1. Rear View Mirrors 14.17 Where motorized materials handling equipment cannot be operated safely in reverse unless it is fitted with sufficient rear-view mirrors, it shall be so fitted. SOR/88-632, s. 59(F); SOR/96-400, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION I Design and Construction Guided Industrial Vehicles Sections 14.18-14.20 Guided Industrial Vehicles 14.18 Subject to subsection 14.51(2), the design, construction, operation and maintenance of guided industrial vehicles shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B56.5-1993, Safety Standard for Guided Industrial Vehicles and Automated Functions of Manned Industrial Vehicles, dated 1993, as amended from time to time. SOR/96-400, s. 1. Conveyors 14.19 Subject to subsection 14.51(2), the design, construction, operation and maintenance of each conveyor, cableway or other similar motorized materials handling equipment shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B20.1-1993, Safety Standard for Conveyors and Related Equipment, dated 1993, as amended from time to time. SOR/96-400, s. 1. DIVISION II Maintenance, Use and Operation [SOR/2021-122, s. 8(F)] Inspection, Testing and Maintenance 14.20 (1) Before motorized or manual materials handling equipment is used for the first time in a work place, the employer shall set out in writing instructions on the inspection, testing and maintenance of that materials handling equipment. (2) Instructions referred to in subsection (1) shall specify the nature and frequency of inspections, testing and maintenance. (3) The inspection, testing and maintenance referred to in subsection (1) shall be performed by a qualified person who (a) complies with the instructions referred to in that subsection; and (b) makes and signs a report of each inspection, test or maintenance work performed by the qualified person. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Inspection, Testing and Maintenance Sections 14.20-14.22 (4) A report referred to in paragraph (3)(b) shall (a) include the date of the inspection, testing or maintenance performed by the qualified person; (b) identify the materials handling equipment that was inspected, tested or maintained; and (c) set out the safety observations of the qualified person. (5) The employer shall keep at the work place at which the motorized or manual materials handling equipment is located a copy of (a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and (b) the report referred to in paragraph (3)(b) for a period of one year after the report is signed. SOR/96-400, s. 1; SOR/2019-246, s. 98(F). Mobile Cranes 14.21 Mobile cranes shall be inspected, tested and maintained in accordance with the requirements of section 5 of CSA Standard Z150-1974, Safety Code for Mobile Cranes, dated 1974, and its supplement Z150S1-1977 entitled Supplement 1-1977 to CSA Standard Z150-1974 Safety Code for Mobile Cranes, published in 1977. SOR/88-632, s. 60(F); SOR/96-400, s. 1; SOR/2022-94, s. 5(F). Split Rim Wheels 14.22 (1) Every employer whose employees maintain or repair motorized materials handling equipment equipped with split rim wheels shall set out in writing instructions for those employees on the maintenance and repair of those wheels. (2) Instructions referred to in subsection (1) shall include instructions on training, inspection, installation, guarding, compatibility of parts used and repairs relating to the assembling and disassembling of split rim wheels. (3) The employer shall keep a copy of the instructions referred to in subsection (1) at the work place in which the motorized materials handling equipment referred to in that subsection is kept for as long as the equipment is in use. SOR/88-632, s. 61(F); SOR/96-400, s. 1; SOR/2019-246, s. 99(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Instruction and Training Sections 14.23-14.24 Instruction and Training [SOR/2019-246, s. 100(F)] 14.23 (1) Subject to subsection (2), every employer shall ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for (a) its inspection; (b) its fuelling; and (c) its safe and proper use, in accordance with any instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the materials handling equipment. (2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures referred to in that subsection. (3) An employer shall ensure that every operator of manual materials handling equipment receives on-the-job training by a qualified person on the procedures to be followed for (a) its inspection; and (b) its safe and proper use, in accordance with any instructions of the manufacturer and taking into account the conditions of the work place in which the operator will operate the manual materials handling equipment and the operator’s physical capabilities. (4) Every employer shall keep a written record, in respect of an operator, of any instruction or training referred to in subsection (1) for as long as the operator remains in the employer’s employment. SOR/96-400, s. 1; SOR/2019-246, s. 101(F); SOR/2021-122, s. 9. Qualifications 14.24 No employer shall require an employee to operate motorized or manual materials handling equipment unless the employee (a) is an operator; and (b) where the laws of the province in which the equipment is operated require an operator’s licence, possesses an operator’s licence issued by any province. SOR/88-632, s. 62(F); SOR/96-400, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Signals Sections 14.25-14.27 Signals 14.25 No employer shall require an operator to operate motorized materials handling equipment unless the operator (a) is directed by a signaller; or (b) has an unobstructed view of the area in which the equipment is to be operated. SOR/88-632, s. 63; SOR/96-400, s. 1; SOR/2009-147, s. 8(F). 14.26 (1) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment shall establish a single code of signals to be used by signallers in all of the employer’s work places. (2) Subject to subsection (3), signals from the code referred to in subsection (1) shall be given by a signaller, who may use only those signals. (3) A signal to stop given by any person granted access to the work place by the employer shall be obeyed by an operator. (4) No signaller shall perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation. (5) Where any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller shall not give the signal to move until that person is warned of, or protected from, the risk. (6) Where the operator of any motorized materials handling equipment does not understand a signal, the operator shall consider that signal to be a stop signal. SOR/96-400, s. 1; SOR/2021-122, s. 10. 14.27 (1) Subject to subsection (2), where the use by a signaller of visual signals will not be an effective means of communication, the employer shall provide the signaller and the operator with a telephone, radio or other audible signalling device. (2) No radio transmitting equipment shall be used in a work place for the transmission of signals where such use may activate electric blasting equipment in that place. (3) Where a signalling device referred to in subsection (1) functions unreliably or improperly and the operation of any motorized materials handling equipment cannot be safely directed by another means of signalling, use of Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Signals Sections 14.27-14.29 the motorized materials handling equipment shall be discontinued until the signalling device is repaired or replaced. (4) If an employee finds any defect in radio transmitting signalling equipment that may render it unsafe for use, they shall report the defect to their employer as soon as feasible. SOR/94-263, s. 54(F); SOR/96-400, s. 1; SOR/2019-246, s. 102. Gradients 14.28 No employee shall operate and no employer shall permit an employee to operate motorized materials handling equipment on a ramp with a gradient in excess of the lesser of (a) the gradient that is recommended as safe by the manufacturer of the motorized materials handling equipment, either loaded or unloaded, as applicable; and (b) such gradient as a qualified person determines to be safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction. SOR/96-400, s. 1. Repairs 14.29 (1) Motorized or manual materials handling equipment that creates a health or safety hazard owing to a defect in the materials handling equipment shall be taken out of service until it has been repaired or modified by a qualified person. (2) Subject to subsection (3), any repair, modification or replacement of a part of any motorized or manual materials handling equipment shall at least maintain the safety factor of the materials handling equipment or part. (3) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any motorized or manual materials handling equipment, the employer shall restrict the use of the materials handling equipment to such loading and use as will ensure the retention of the original safety factor of the equipment or part. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Repairs Sections 14.29-14.33 (4) An employer shall keep a record of any repair or modification referred to in subsection (1) and of any restriction on use imposed pursuant to subsection (3). SOR/96-400, art. 1; SOR/2002-208, s. 39; SOR/2019-246, s. 103(F). Transporting and Positioning Employees 14.30 (1) Motorized or manual materials handling equipment shall not be used for transporting an employee and no employee shall so use the equipment unless the equipment is specifically designed for that purpose. (2) Motorized or manual materials handling equipment shall not be used for hoisting or positioning an employee, unless the equipment is equipped with a platform, bucket or basket designed for those purposes. (3) Any motorized materials handling equipment that is normally used for transporting employees from place to place in a work place shall be equipped with (a) a mechanical parking brake; and (b) a hydraulic or pneumatic braking system. SOR/96-400, s. 1. Loading, Unloading and Maintenance While in Motion 14.31 No materials, goods or things shall be picked up from, or placed on, any motorized or manual materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose. SOR/96-400, s. 1. 14.32 Except in the case of an emergency, no employee shall get on or off of motorized or manual materials handling equipment while it is in motion. SOR/96-400, s. 1. 14.33 (1) Subject to subsection (2), no repair, maintenance or cleaning work shall be performed on motorized or manual materials handling equipment while the materials handling equipment is in use. (2) Fixed parts of motorized or manual materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being used if the parts are so isolated or guarded that the use of the materials handling equipment does not present a risk to Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Loading, Unloading and Maintenance While in Motion Sections 14.33-14.37 the safety of the employee performing the repair, maintenance or cleaning work. SOR/88-632, s. 64(F); SOR/94-263, s. 55(F); SOR/96-400, s. 1. Positioning the Load 14.34 (1) If motorized or manual materials handling equipment is travelling with a raised or suspended load, its operator shall ensure that the load is carried as close as possible to the ground or floor and shall not in any case transport the load at or beyond the point at which the loaded equipment becomes unstable. (2) Any load, other than bulk materials, that would likely slide on or fall from motorized or manual materials handling equipment resulting in a hazardous condition shall be secured to prevent such movement. SOR/96-400, s. 1; SOR/2019-246, s. 104. Tools 14.35 Tools, tool boxes or spare parts that are carried on motorized or manual materials handling equipment shall be securely stored. SOR/96-400, s. 1. Housekeeping 14.36 The floor, cab and other occupied parts of motorized materials handling equipment shall be kept free of any grease, oil, materials, tools, equipment or other hazards that may cause an employee to slip or trip or may create a fire hazard or otherwise interfere with the safe operation of the equipment. SOR/88-632, s. 65(F); SOR/96-400, s. 1. Parking 14.37 (1) No motorized or manual materials handling equipment shall be parked in a corridor, aisle, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things. (2) Where motorized or manual materials handling equipment is required to enter or exit a vehicle other than a railway car to load or unload materials, goods or things to or from the vehicle, the vehicle shall be immobilized and secured against accidental movement, by means additional to the vehicle’s braking system. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Parking Sections 14.37-14.39 (3) Where motorized or manual materials handling equipment is required to enter or exit a railway car to load or unload materials, goods or things to or from the railway car, the railway car shall be immobilized. (4) Any motorized materials handling equipment that is left unattended shall be immobilized against accidental movement, by applying a parking brake or other braking device. SOR/88-632, s. 66(F); SOR/96-400, s. 1. Materials Handling Area 14.38 (1) In this section, materials handling area means an area within which materials handling equipment may create a hazard to any person. (2) An employer shall cause warning signs to be posted, or a signaller to be in control, at the approaches to any materials handling area while materials handling operations are in progress. (3) Only the following persons may enter a materials handling area while materials handling operations are in progress: (a) the Head of Compliance and Enforcement; (b) an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the materials handling operations; or (c) a person who has been authorized by the employer to be in the materials handling area while materials handling operations are in progress. (4) If any person other than a person referred to in subsection (3) enters a materials handling area, the employer shall cause the materials handling operations in the immediate vicinity of the unauthorized person to be immediately discontinued and to remain discontinued until the person has left that materials handling area. SOR/88-68, s. 14; SOR/88-632, s. 67(F); SOR/94-263, s. 65(F); SOR/96-400, s. 1; SOR/ 2002-208, s. 38; SOR/2014-148, s. 7; SOR/2021-118, s. 6. Hazard Areas 14.39 (1) Subject to subsection (2), no motorized or manual materials handling equipment shall be used in an area in which it may contact an electrical cable, a pipeline containing a hazardous substance or any other hazard known to the employer, unless the employer has informed the operator of the presence and location of the hazard and of the safety clearance that the operator must maintain with respect to the hazard. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Hazard Areas Sections 14.39-14.42 (2) Where an employer is unable to determine with reasonable certainty the location of an electrical cable or a pipeline containing a hazardous substance, the electrical cable shall be de-energized or the pipeline shut down and drained before any activity involving the use of motorized materials handling equipment commences within the area of possible contact with the electrical cable or the pipeline. SOR/96-400, s. 1; SOR/2002-208, s. 43(F). Rear Dumping 14.40 If rear-dumping motorized materials handling equipment is used to discharge a load at the edge of a sudden drop in grade level that may cause the equipment to tip and in order to prevent the motorized materials handling equipment from tipping, (a) a bumping block shall be used; or (b) a signaller shall give directions to the operator of the equipment. SOR/96-400, s. 1; SOR/2009-84, s. 1(F); SOR/2019-246, s. 105. Fuelling 14.41 Where motorized materials handling equipment is fuelled in a work place, a qualified person shall do the fuelling in accordance with procedures referred to in subsection 14.23(1) in a place that is well ventilated so that the vapours from the fuel will be dissipated quickly. SOR/96-400, s. 1. Ropes, Slings and Chains 14.42 (1) The employer shall, with respect to the use and maintenance of any rope, sling or chain or any attachment or fitting thereon used by an employee, adopt and implement the recommendations set out in Chapter 10 of the Accident Prevention Manual for Business and Industry, 10th edition, published by the National Safety Council of the United States, dated 1992. (2) Subsection (1) does not apply to ropes, slings or chains or to any attachments or fittings thereon that comply with the requirements of the Tackle Regulations. SOR/96-400, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Safe Working Loads Sections 14.43-14.45 Safe Working Loads 14.43 (1) Motorized or manual materials handling equipment shall be legibly marked with sufficient information so as to enable the operator to determine its safe working load. (2) No motorized or manual materials handling equipment shall be used with a load that exceeds its safe working load. SOR/96-400, s. 1. Aisles and Corridors 14.44 (1) An employer shall provide a clearly marked pathway for the exclusive use of pedestrians and persons using wheelchairs and other similar devices that is not less than 750 mm wide along one side of an aisle, corridor or other course of travel that is found in a work place and that (a) is a principal traffic route for mobile equipment, pedestrians and persons using wheelchairs and other similar devices; and (b) exceeds 15 m in length. (2) Subsection (1) does not apply where a signaller or traffic lights are provided for the purpose of controlling traffic and protecting persons. (3) Where an aisle, corridor or other course of travel that is a principal traffic route in a work place intersects with another route, an employer shall cause warning signs marked with the words “DANGEROUS INTERSECTION — CROISEMENT DANGEREUX”, in letters not less than 50 mm in height on a contrasting background, to be posted along the approaches to the intersection. (4) At blind corners, mirrors shall be installed that permit a mobile equipment operator to see a pedestrian, a person using a wheelchair or other similar device, a vehicle or mobile equipment approaching the blind corner. SOR/96-400, s. 1; SOR/96-525, s. 15. Clearances 14.45 (1) In any passageway that is regularly travelled by motorized or manual materials handling equipment, the employer shall ensure that (a) an overhead clearance is at least 150 mm above Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION II Maintenance, Use and Operation Clearances Section 14.45 (i) that part of the materials handling equipment or its load that is the highest when the materials handling equipment is in its highest normal operating position at the point of clearance, and (ii) the top of the head of the operator or any other employee required to ride on the materials handling equipment when occupying the highest normal position for the operator or employee at the point of clearance; and (b) a side clearance is sufficiently wide to permit the motorized or manual materials handling equipment and its load to be manoeuvred safely by an operator, but in no case less than 150 mm on each side measured from the furthest projecting part of the equipment or its load, when the equipment is being operated in a normal manner. (2) Where an overhead clearance measured in accordance with subparagraph (l)(a)(i) or (ii) is less than 300 mm, the employer shall cause (a) the top of the doorway or object that restricts the clearance to be marked with a distinguishing colour or mark; and (b) the height of the passageway in metres to be shown near the top of the passageway in letters that are not less than 50 mm in height and are on a contrasting background. (3) Subparagraph (l)(a)(i) and subsection (2) do not apply in respect of (a) motorized materials handling equipment whose course of travel is controlled by fixed rails or guides; (b) that portion of the route of any motorized or manual materials handling equipment that is inside a railway car, truck or trailer truck, including the warehouse doorway leading directly to it; or (c) a load the nature of which precludes compliance with that subparagraph or subsection if precautions are taken to prevent contact with objects that may restrict the movement of the equipment. SOR/88-632, s. 68(F); SOR/96-400, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION III Manual Handling of Materials Sections 14.46-14.49 DIVISION III Manual Handling of Materials 14.46 (1) If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of them may be hazardous to the health or safety of an employee, the employer shall issue instructions that the materials, goods or things shall, if feasible, not be handled manually. (2) For the purposes of subsection (1), the employer shall take into account the frequency and duration of manual lifting and the distances and terrain over which an object is to be manually lifted or carried in deciding whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee. SOR/96-400, s. 1; SOR/2002-208, ss. 29(E), 39; SOR/2019-246, s. 106. 14.47 No employer shall require an employee who is an office worker and whose primary tasks do not include manual lifting or carrying to manually lift or carry materials, goods or things in excess of 23 kg. SOR/96-400, s. 1. 14.48 Where an employee is required manually to lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee (a) in a safe method of lifting and carrying the loads that will minimize the stress on the body; and (b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place. SOR/96-400, s. 1; SOR/2019-246, s. 107(F). 14.49 Where an employee is required manually to lift or carry loads weighing in excess of 45 kg, the employer shall give instructions to the employee in accordance with section 14.48 that are (a) set out in writing; (b) readily available to the employee; and (c) kept by the employer for a period of two years after they cease to apply. SOR/88-632, s. 69(F); SOR/96-400, s. 1; SOR/2019-246, s. 108(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION IV Storage of Materials Sections 14.50-14.51 DIVISION IV Storage of Materials 14.50 (1) All materials, goods and things shall be stored in the work place in such a manner that the maximum safe load carrying capacity of the floor or other supporting structures is not exceeded. (2) All materials, goods or things shall be stored and placed in such a manner that employees are not required manually to lift materials, goods or things in a manner that would lead to overextension of or excessive strain on the body. (3) All materials, goods or things shall be stored in a manner so that (a) light in the storage area is not reduced below the levels required by Part VI; (b) there is no obstruction or encroachment of passageways, traffic lanes or exits; (c) the safe operation of motorized or manual materials handling equipment is not impeded; (d) the ready access to or the operation of fire fighting equipment is not obstructed; (e) the operation of fixed fire protection equipment is not interfered with; and (f) there is no risk to the health or safety of any employee. SOR/96-400, s. 1; SOR/2002-208, s. 39. DIVISION V Transitional Provisions 14.51 (1) Subject to subsection (3), motorized materials handling equipment that is in use at the time this amendment comes into force, and that meets the requirements of this Part as it read immediately before the coming into force of this amendment, is exempt from having to comply with the amendment as long as the motorized materials handling equipment continues to meet those requirements. (2) Subject to subsection (3), motorized or manual materials handling equipment that is in use at the time an amendment to a standard or code incorporated by subsection 14.6(1) or 14.8(2) or section 14.18 or 14.19 comes Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIV Materials Handling DIVISION V Transitional Provisions Sections 14.51-15.1 into force and that complies with the standard or code as it read immediately before the coming into force of the amendment, is exempt from having to comply with the amendment as long as the motorized or manual materials handling equipment continues to meet that standard or code. (3) An employer shall ensure that, if feasible, equipment referred to in (a) subsection (1) meets the requirements of subsection 14.3(3) or 14.6(2), section 14.10, 14.11 or 14.13 or paragraph 14.16(1)(b); and (b) subsection (2) complies with an amendment referred to in that subsection. (4) If it is not feasible for materials handling equipment in use at the time an amendment referred to in subsection (1) or (2) comes into force to comply with the amendment, the employer whose employees use the equipment shall notify the work place committee or the health and safety representative of the non-compliance. SOR/96-400, s. 1; SOR/2002-208, s. 30; SOR/2019-246, s. 109. PART XV Hazardous Occurrence Investigation, Recording and Reporting Interpretation 15.1 In this Part, disabling injury means an employment injury or an occupational disease that (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee, (b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or (c) results in the permanent impairment of a body function of an employee; (blessure invalidante) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Interpretation Sections 15.1-15.4 district office, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the HRSDC Labour Program and that is (a) closest to the work place, and (b) in any of the Department’s administrative regions in which the work place is situated; (bureau de district) minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère) SOR/89-479, s. 1; SOR/2009-147, s. 9; 2013, c. 40, s. 237. Application 15.2 (1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine. (2) Section 15.10 applies in respect of employees employed in a coal mine. (3) This Part does not apply in respect of occurrences of harassment and violence in the work place. SOR/89-479, s. 1; SOR/90-180, s. 3; SOR/2020-130, s. 39. Reports by Employee 15.3 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to the employer. SOR/89-479, s. 1; SOR/2019-246, s. 110. Investigations 15.4 (1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay, (a) appoint a qualified person to carry out an investigation of the hazardous occurrence; (b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Investigations Sections 15.4-15.5 (c) take necessary measures to prevent a recurrence of the hazardous occurrence. (2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident. (3) As soon as feasible after receipt of the report referred to in subsection (2), the employer shall provide a copy of the report to the work place committee or the health and safety representative. SOR/89-479, s. 1; SOR/94-263, s. 56; SOR/2002-208, s. 31; SOR/2019-246, s. 111. Telephone or Fax Reports [SOR/2019-246, s. 112] 15.5 The employer shall report to the Head of Compliance and Enforcement, by telephone or fax, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result: (a) the death of an employee; (b) a disabling injury to two or more employees; (c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof; (d) the permanent impairment of a body function of an employee; (e) an explosion; (f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or (g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device. SOR/89-479, s. 1; SOR/94-263, s. 57; SOR/2002-208, s. 38; SOR/2014-148, s. 8; SOR/ 2019-246, s. 113; SOR/2021-118, s. 6. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Records Sections 15.6-15.8 Records 15.6 (1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing (a) a description of the hazardous occurrence and the date, time and location of the occurrence; (b) the causes of the occurrence; and (c) the corrective measures taken or the reason for not taking corrective measures. (2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative. SOR/89-479, s. 1; SOR/94-263, s. 58; SOR/2002-208, s. 32. Minor Injury Records 15.7 (1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment. (2) A record kept pursuant to subsection (1) shall contain (a) the date, time and location of the occurrence that resulted in the minor injury; (b) the name of the employee affected; (c) a brief description of the minor injury; and (d) the causes of the minor injury. SOR/89-479, s. 1; SOR/2019-246, s. 114(E). Written Reports 15.8 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances: (a) a disabling injury to an employee; (b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Written Reports Sections 15.8-15.11 (c) the implementation of rescue, revival or other similar emergency procedures; or (d) a fire or an explosion. (2) The employer shall submit a copy of the report referred to in subsection (1) (a) without delay, to the work place committee or the health and safety representative; and (b) within 14 days after the hazardous occurrence, to the Head of Compliance and Enforcement. SOR/89-479, s. 1; SOR/94-263, s. 59; SOR/2002-208, s. 33; SOR/2014-148, s. 9; SOR/ 2019-246, s. 115(F); SOR/2021-118, s. 6. 15.9 If an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to the Head of Compliance and Enforcement. SOR/89-479, s. 1; SOR/2002-208, s. 38; SOR/2014-148, s. 10; SOR/2021-118, s. 6. Annual Report 15.10 (1) Every employer shall, not later than March 1 in each year, submit to the Head of Compliance and Enforcement a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year. (2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1). SOR/89-479, s. 1; SOR/2005-401, s. 1; SOR/2021-118, s. 6. Retention of Reports and Records 15.11 Every employer shall keep a copy of (a) each report submitted under section 15.9 or subsection 15.10(1) for a period of 10 years following the submission of the report to the Head of Compliance and Enforcement; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations Retention of Reports and Records SCHEDULE I Sections 15.11-16.1 (b) the record or report referred to in subsection 15.6(1), 15.7(1) or 15.8(1) for a period of 10 years following the hazardous occurrence. SOR/89-479, s. 1; SOR/2002-208, s. 38; SOR/2014-148, s. 11; SOR/2021-118, s. 6. SCHEDULE I (Section 15.8) HAZARDOUS OCCURRENCE INVESTIGATION REPORT FORM GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1; SOR/2002-208, SS. 34, 38 SOR/89-479, s. 1; SOR/2002-208, ss. 34, 38. SCHEDULE II (Section 15.10) EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT FORM GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1 SOR/89-479, s. 1. PART XVI First Aid Interpretation 16.1 The definitions in this section apply in this Part. ambulance response time means the time required for an ambulance with qualified persons and emergency medical equipment to reach the work place from the nearest point of dispatch under normal travel conditions. (délai d’intervention ambulancière) first aid attendant means a holder of a valid basic or standard first aid certificate. (secouriste) first aid station means a place, other than a first aid room, at which first aid supplies or equipment are stored. (poste de secours) health unit means a facility that is under the charge of a physician or a person who is registered or licensed as a nurse under the laws of any province and that, if it is under the control of the employer, meets the minimum requirements of a first aid room contained in this Part. (service de santé) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid Interpretation Sections 16.1-16.3 medical treatment facility means a hospital, medical clinic or physician’s office, at which emergency medical treatment can be dispensed. (installation de traitement médical) remote workplace means a workplace for which the ambulance response time is more than two hours. (lieu de travail isolé) standard first aid certificate means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a two-day first aid course; (certificat de secourisme général) SOR/88-68, s. 13(E); SOR/2000-328, s. 2; SOR/2012-271, s. 2; SOR/2019-246, s. 116. General 16.2 (1) Every employer must establish and keep up-todate written instructions that provide for the prompt rendering of first aid to an employee for an injury, an occupational disease or an illness. (2) The employer shall keep a copy of the instructions available at all times for consultation by employees. SOR/88-632, s. 70(F); SOR/2000-328, s. 2; SOR/2014-142, s. 5; SOR/2019-246, s. 117. First Aid Attendants 16.3 (1) At every workplace at which six or more employees are working at any time, the employer shall ensure that there is a first aid attendant. (2) At every remote workplace at which two or more employees are working at any time, the employer shall ensure that there is a first aid attendant. (3) At every workplace at which an employee is working on live high voltage electrical equipment, the employer shall ensure that (a) a first aid attendant is available; or (b) at least one of the employees has the training necessary to provide resuscitation by mouth-to-mouth resuscitation, cardiopulmonary resuscitation or an equivalent direct method. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid First Aid Attendants Sections 16.3-16.4 (4) At every workplace that is required to have a first aid attendant, the employer shall ensure that the first aid attendant at the workplace is qualified by having at least (a) if the workplace is an office workplace for which the ambulance response time is (i) up to two hours, a basic first aid certificate, or (ii) more than two hours, a standard first aid certificate; (b) if the workplace is any other workplace, other than a workplace in a wilderness area, and the ambulance response time for the workplace is (i) less than twenty minutes, a basic first aid certificate, or (ii) twenty minutes or more but not more than two hours, a standard first aid certificate; and (c) if the work place is in a wilderness area, a standard first aid certificate and a wilderness first aid course that is specially designed to meet the first aid needs of persons who work, live or travel in such an area. SOR/2000-328, s. 2; SOR/2014-142, s. 6; SOR/2019-246, s. 118. 16.4 (1) A first aid attendant referred to in section 16.3 or paragraph 16.10(1)(a) (a) shall be assigned to a first aid station or first aid room; (b) shall be available to employees during working hours; (c) shall render first aid to employees who are injured or ill at the workplace; (d) shall, if required, accompany an injured or ill employee to a health unit or a medical treatment facility and render first aid in transit; (e) shall, in providing care to an injured or ill employee, not be overruled by anyone not trained in first aid; and (f) shall be in charge of providing care for the injured or ill employee until the treatment is complete or the employee is under the care of an equally or more qualified caregiver. (2) The first aid attendant referred to in subsection (1) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid First Aid Attendants Sections 16.4-16.6 (a) shall work close to the first aid station or first aid room to which the first aid attendant is assigned; and (b) shall not be assigned duties that will interfere with the prompt and adequate rendering of first aid. SOR/2000-328, s. 2; SOR/2014-142, s. 7. First Aid Stations 16.5 (1) At least one first aid station shall be provided for every workplace. (2) In multi-storey buildings, the location of first aid stations shall be such that employees are no more than two stories from a first aid station. (3) Every first aid station shall be (a) located at or near the workplace; (b) clearly identified by a conspicuous sign; and (c) accessible during all working hours. (4) The employer shall inspect every first aid station regularly, at least monthly, and shall ensure that its contents are maintained in a clean, dry and serviceable condition. (5) Subsection (1) does not apply if a first aid room, health unit or medical treatment facility that meets the requirements of subsection (3) is provided by the employer. SOR/88-632, s. 71(F); SOR/2000-328, s. 2; SOR/2014-142, s. 8. Communication of Information 16.6 (1) Subject to subsection (2), the employer shall post and keep posted or make available to every employee in a conspicuous place in each workplace (a) a description of the first aid to be rendered for any injury, occupational disease or illness; (b) information regarding the location of first aid stations, first aid rooms, health units and medical treatment facilities; (c) at every first aid station and first aid room, a list of first aid attendants, and information on how they may be located; (d) near the telephones, a list of telephone numbers kept up-to-date for use in emergencies; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid Communication of Information Sections 16.6-16.8 (e) a description of the transport procedures for injured employees. (2) At a remote workplace or in a motor vehicle, the information and lists referred to in subsection (1) shall be provided and retained with the first aid kit. SOR/96-525, s. 16; SOR/2000-328, s. 2; SOR/2014-142, s. 9(E); SOR/2021-122, s. 11. First Aid Supplies and Equipment 16.7 (1) At every workplace with a number of employees set out in column 1 of an item of Schedule I to this Part, the employer shall ensure that there is provided a first aid kit of the type set out in column 2 of that item. (2) A first aid kit of type A, B, C or D shall contain the first aid supplies and equipment set out in column 1 of an item of Schedule II to this Part in the quantity, if any, set out in column 2 of that item for that type. (3) A first aid kit of type A for use in a remote workplace shall, in addition to the contents required by subsection (2), contain the first aid supplies and equipment set out in column 1 of an item of Schedule III to this Part in the quantity set out in column 2 of that item. (4) Prescription drugs or other medications not set out in Schedules II, III and IV to this Part shall not be stored in first aid kits or with first aid supplies. SOR/2000-328, s. 2. 16.8 (1) Subject to subsection (2), if a hazard for skin or eye injury from a hazardous substance exists in the workplace, the employer shall ensure that shower facilities to wash the skin and eye wash facilities to irrigate the eyes are provided for immediate use by employees. (2) If it is not feasible to comply with subsection (1), the employer shall provide portable equipment that may be used in place of the facilities referred to in that subsection. (3) If, due to adverse or extreme weather conditions, it is not feasible for the employer to comply with either subsection (1) or (2), the employer shall provide for all employees likely to be exposed to hazardous substances in Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid First Aid Supplies and Equipment Sections 16.8-16.10 the work place personal protection equipment for all parts of their bodies that may be exposed. SOR/88-68, s. 14; SOR/88-632, s. 72(F); SOR/94-263, ss. 60(F), 65(F); SOR/2000-328, s. 2; SOR/2002-208, s. 43(F); SOR/2019-246, s. 119. First Aid Rooms 16.9 (1) If 200 or more employees are working at any time in a workplace, the employer shall ensure that a first aid room is provided and that it is clearly identified by a conspicuous sign. (2) A first aid room may be used for purposes other than first aid if (a) the minimum floor area required for first aid is maintained; (b) there is no potential for delay in the administration of first aid; and (c) the use for those other purposes will not impede the treatment of an injured employee or pose a hazard to employees. (3) Subsection (1) does not apply if a health unit or medical treatment facility at which medical treatment is provided without charge to employees is readily accessible. SOR/88-632, s. 73(F); SOR/94-263, s. 61(F); SOR/2000-328, s. 2. 16.10 (1) Every first aid room provided in accordance with section 16.9 shall be (a) under the supervision of a first aid attendant; (b) located as close as possible to the work place and within easy access to a toilet room; (c) situated on a minimum floor area of 10 m2 and constructed to allow for optimum ease of access to persons carrying a patient on a stretcher; (d) maintained in an orderly and sanitary condition; and (e) equipped with (i) a washbasin supplied with cold water and hot water that meets the standards set out in Part IX, (ii) a storage cupboard and a counter, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid First Aid Rooms Sections 16.10-16.12 (iii) a separate cubicle or curtained-off area with a cot or bed equipped with a moisture-protected mattress and two moisture-protected pillows, (iv) a table and two or more chairs, (v) a telephone, or other effective means of communication, and an up-to-date list of appropriate emergency contacts and telephone numbers for use in emergencies, and (vi) the first aid supplies and equipment set out in Schedule IV to this Part. (2) In every first aid room referred to in subsection (1), (a) the air shall be changed at least once each hour; and (b) the temperature (i) shall be maintained at not less than 21oC, measured one meter above the floor, when the outdoor temperature is 21oC or less, and (ii) if feasible, when the outdoor temperature in the shade exceeds 24oC, shall not exceed the outdoor temperature. SOR/88-632, s. 74(F); SOR/2000-328, s. 2; SOR/2019-246, s. 120(E). Transportation 16.11 Before assigning employees to a workplace, the employer shall (a) ensure that for that workplace there is an ambulance service or other suitable means of transporting an injured or ill employee to a health unit or medical treatment facility; and (b) provide for that workplace a means of quickly summoning the ambulance service or other suitable means of transportation. SOR/2000-328, s. 2. First Aid Courses [SOR/2019-246, s. 121] 16.12 (1) The courses for the basic first aid certificate and for the standard first aid certificate shall include the subjects set out in Schedule V. (2) Basic, standard and advanced first aid attendant courses, including wilderness first aid courses, shall be Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid First Aid Courses Sections 16.12-16.13 given by a qualified person who holds a valid certification from an approved organization attesting that they are competent to deliver first aid courses. (3) For advanced first aid, including wilderness first aid, the employer shall determine, in consultation with the workplace committee or the health and safety representative, the first aid training requirements for the workplace, having regard to the particular nature of the workplace. (4) The employer shall review the training program with respect to advanced first aid, including wilderness first aid, in consultation with the workplace committee or the health and safety representative at least once every three years and whenever there is a change of circumstances that may affect the content of the training. (5) Basic, standard and advanced first aid certificates, including wilderness first aid courses, are valid for a maximum of three years from the date of issue. SOR/88-632, s. 75; SOR/2000-328, s. 2; SOR/2002-208, s. 35; SOR/2012-271, s. 3; SOR/ 2019-246, s. 122. Records 16.13 (1) If first aid is required by this Part to be rendered, the first aid attendant who renders the first aid shall (a) enter in a first aid record the following information: (i) the date and time of the reporting of the injury or illness, (ii) the full name of the injured or ill employee, (iii) the date, time and location of the occurrence of the injury or illness, (iv) a brief description of the injury or illness, (v) a brief description of the first aid rendered, if any, (vi) a brief description of arrangements made for the treatment or transportation of the injured or ill employee, and (vii) the names of witnesses, if applicable; and (b) sign the first aid record beneath the information entered in accordance with paragraph (a). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid SCHEDULE I Section 16.13 (2) The information referred to in subsection (1) shall be entered (a) if first aid was rendered to an employee at a remote workplace detached from the main party or on a snowmobile or other small vehicle, in the first aid record stored in the first aid kit at the site of the main party or work site; and (b) in any other case, in the first aid record stored in the first aid kit. (3) The employer shall keep a first aid record containing information entered in accordance with subsection (2) for a period of two years beginning on the date of that entry. (4) Persons with access to first aid records shall keep the information contained in the records confidential, except as required for the purposes of meeting reporting obligations under Part XV. (5) On receiving a written request from a workers’ compensation authority for the province where the workplace is located or a medical practitioner, the employer shall provide an employee with a copy of the first aid record pertaining to the employee’s treatment. (6) The employer shall keep a record of the expiry dates of the first aid certificates of the first aid attendants and make it available to them. SOR/2000-328, s. 2; SOR/2014-142, s. 10(E); SOR/2019-246, s. 123. SCHEDULE I (Subsection 16.7(1)) Requirements for First Aid Kits Column 1 Column 2 Item Number of Employees Type of First Aid Kit 2 to 5 (subject to item 5) A 6 or more, where the first aid attendant is B required to have at least a basic first aid certificate 6 or more, where the first aid attendant is C required to have at least a standard first aid certificate 1, detached from the main party in a remote workplace D 1 to 3, travelling by snowmobile or other small vehicle, other than a truck, van or automobile D Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid SCHEDULE II Section 16.13 Note: The contents of first aid kits A, B, C and D are set out in Schedule II. SOR/2000-328, s. 2. SCHEDULE II (Subsections 16.7(2) and (4)) Content of First Aid Kits Column 1 Column 2 Quantity According to Type of First Aid Kit: Item Supplies and Equipment A B Antiseptic swabs (10-pack) Scissors: super shears — — — Bandages: adhesive strips Plastic bags: waterproof, sealable — — — Bandages: triangular, 100 cm, 2 folded Blankets: emergency, pocket 1 size — — — First Aid Kit Container Dressings: combination, 12.7 cm x 20.3 cm — — — Dressings: compress, 7.5 cm 1 x 12 cm — — Dressings: gauze sterile 10.4 cm x 10.4 cm Dressings: gauze, non-sterile 10 10.4 cm x 10.4 cm — Forceps: splinter — Gloves: disposable — Mouth-to-mouth 1 resuscitation mask with oneway valve — Record book: First Aid Scissors: bandage — — Self-adhering gauze bandage: 7.5 cm x 4.5 m — Tape: adhesive, 1.2 cm x 4.5 m — — — Tape: adhesive, 2.5 cm x 4.5 m — — — — C D Additional supplies and equipment maintained outside of the kit itself (for remote workplace) 20 Blankets: bed type Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid SCHEDULE III Section 16.13 Column 1 Column 2 Quantity According to Type of First Aid Kit: Item Supplies and Equipment A B C D Splint set — — Stretcher — — — SOR/2000-328, s. 2; SOR/2012-271, s. 4. SCHEDULE III (Subsections 16.7(3) and (4)) Additional First Aid Supplies and Equipment for Remote Workplaces Column 1 Column 2 Item Supplies and Equipment Quantity Guide on wilderness first aid 30 mL (6 teaspoonsful) table salt, sealed in strong plastic bag 30 mL (6 teaspoonsful) baking soda (not baking powder), sealed in strong plastic bag 60 mL (12 teaspoonsful) sugar, sealed in strong plastic bag 1 litre plastic bags Large plastic garbage bags Patient treatment record forms, which include 3 vital sign recording sections Oral temperature thermometer in an unbreakable case Emergency signalling mirror Blanket: emergency, pocket size Anti-itch ointment/lotion/swabs (10-pack) Scissors: super shears Bags: disposable, waterproof, emesis Burn jelly (5 mL) Plastic bags: waterproof and sealable for disposal of contaminated waste Cold packs: instant type Hot packs: instant type Note: In addition to the type A first aid kit and the above items, an effective means of communication with the base Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid SCHEDULE IV Section 16.13 camp of operations must be available. The contents of a type A first aid kit are set out in Schedule II. SOR/2000-328, s. 2. SCHEDULE IV (Subsection 16.7(4) and subparagraph 16.10(1)(e)(vi)) First Aid Room Supplies and Equipment Column 1 Column 2 Item Supplies and Equipment Quantity First aid kit: type C (containing the supplies and equipment set out in Schedule II) Basin: wash, portable, 4.7 L capacity Bedding: disposable, 2 sheets and 2 pillow cases (set) Tray: instrument Waste receptacle: covered Soap: liquid, with dispenser Towels: disposable, with dispenser Cups: box of disposable, with dispenser Flashlight (appropriate for the workplace) SOR/2000-328, s. 2. SCHEDULE V (Subsection 16.12(1)) Subjects to Be Included in the Courses 1 Basic first aid: (a) the provision of basic first aid and the first aid attendant’s role and obligations in relation to basic first aid; (b) emergency scene management; (c) cardiopulmonary resuscitation; (d) medical emergencies; (e) shock and unconsciousness; (f) anti-contamination procedures; and (g) wounds and bleeding. 2 Standard first aid: (a) the provision of standard first aid and the first aid attendant’s role and obligations in relation to standard first aid; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVI First Aid Records Section 17.1 (b) emergency scene management; (c) cardiopulmonary resuscitation; (d) medical emergencies; (e) shock and unconsciousness; (f) anti-contamination procedures; (g) wounds and bleeding; (h) fractures and their immobilization; (i) chest injuries; (j) head and spinal injuries; (k) muscle, ligament and joint injuries; (l) burns; (m) eye injuries; (n) pelvic, genital and abdominal injuries; (o) movement and transportation of casualty; (p) environmental illnesses and injuries; (q) toxicological emergencies; and (r) evacuation and transportation of casualties. SOR/2000-328, s. 2; SOR/2012-271, ss. 5 to 8; SOR/2019-246, s. 124(F); SOR/2019-246, s. 125(F). PART XVII Safe Occupancy of the Work Place Interpretation 17.1 In this Part, emergency evacuation plan means a written plan for use in an emergency, prepared in accordance with section 17.4. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Application Sections 17.2-17.4 Application 17.2 This Part does not apply in respect of employees employed in the underground workings of mines. Fire Protection Equipment 17.3 (1) Fire protection equipment shall be installed, inspected and maintained in every building in which there is a work place in accordance with the standards set out in Parts 6 and 7 of the National Fire Code. (2) [Repealed, SOR/2000-374, s. 6] (3) All fire protection equipment shall be maintained and repaired by a qualified person. SOR/2000-374, s. 6. Emergency Evacuation Plan 17.4 (1) Where more than 50 employees are working in a building at any time, the employer or employers of those employees shall prepare an emergency evacuation plan for all employees, including those who require special assistance, after consultation with (a) the work place committee or the health and safety representative; and (b) the employers of any persons working in the building to whom the Act does not apply. (2) An emergency evacuation plan referred to in subsection (1) shall contain (a) a plan of the building, showing (i) the name, if any, and the address of the building, (ii) the name and address of the owner of the building, (iii) the names and locations of the tenants of the building, (iv) the date of preparation of the plan, (v) the scale of the plan, (vi) the location of the building in relation to nearby streets and in relation to all buildings and other structures located within 30 m of the building, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Emergency Evacuation Plan Section 17.4 (vii) the maximum number of persons normally occupying the building at any time, (viii) a horizontal projection of the building, showing thereon its principal dimensions, and (ix) the number of floors above and below ground level; (b) a plan of each floor of the building, showing (i) the name, if any, and the address of the building, (ii) the date of preparation of the plan, (iii) the scale of the plan, (iv) a horizontal projection of the floor, showing thereon its principal dimensions, (v) the number of the floor to which the plan applies, (vi) the maximum number of persons normally occupying the floor at any time, (vii) the location of all fire escapes, fire exits, stairways, elevating devices, main corridors and other means of exit, (viii) the location of all fire protection equipment, and (ix) the location of the main electric power switches for the lighting system, elevating devices, principal heating, ventilation and air-conditioning equipment and other electrical equipment; (c) a full description of the evacuation procedures to be followed in evacuating the building, with the time required to complete the evacuation, including (i) activating the fire alarm, (ii) notifying the fire department, and (iii) evacuating employees who require special assistance; and (d) the names, room numbers and telephone numbers of the chief emergency warden and the deputy chief emergency warden of the building appointed by the employer or employers under section 17.7. (3) An emergency evacuation plan referred to in subsection (1) shall be kept up-to-date and shall take into Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Emergency Evacuation Plan Sections 17.4-17.5 account any changes in the building or the nature of its occupancy. (4) An employer referred to in subsection (1) shall keep a copy of the up-to-date emergency evacuation plan in the building to which it refers. SOR/94-263, s. 62; SOR/96-525, s. 17; SOR/2002-208, s. 36. Emergency Procedures 17.5 (1) Every employer shall, after consultation with the work place committee or the health and safety representative and with the employers of any persons working in the building to whom the Act does not apply, prepare emergency procedures (a) to be implemented if any person commits or threatens to commit an act, other than an occurrence of harassment and violence, that may be hazardous to the health and safety of the employer or any of their employees; (b) if there is a possibility of an accumulation, spill or leak of a hazardous substance in a work place controlled by the employer, to be implemented in the event of such an accumulation, spill or leak; (c) if more than 50 employees are working in a building at any time, to be implemented when evacuation is not an appropriate means of ensuring the health and safety of employees; (d) to be implemented in the event of a failure of the lighting system; and (e) to be implemented in the event of a fire. (2) The emergency procedures referred to in subsection (1) shall contain (a) an emergency evacuation plan, where applicable, or a plan for evacuating employees who require special assistance to be implemented in the event of a fire; (b) a full description of the procedures to be followed; (c) the location of the emergency equipment provided by the employer; and (d) a plan of the building, showing (i) the name, if any, and the address of the building, and (ii) the name and address of the owner of the building. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Emergency Procedures Sections 17.5-17.8 (3) The plan for the evacuation of employees who require special assistance shall be established in consultation with those employees. SOR/88-68, s. 14; SOR/94-263, s. 63; SOR/96-525, s. 18; SOR/2002-208, s. 37; SOR/ 2019-246, s. 126; SOR/2020-130, s. 40. Instructions and Training [SOR/2019-246, s. 127(F)] 17.6 (1) Every employee shall be instructed and trained in (a) the procedures to be followed by him in the event of an emergency; and (b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer. (2) Notices that set out the details of the evacuation plans and procedures referred to in paragraphs 17.4(2)(c) and 17.5(2)(a) and (b) shall be posted at locations accessible to every employee at the work place. SOR/96-525, s. 19; SOR/2019-246, s. 128(F). Emergency Wardens 17.7 (1) Where an employer or employers have prepared an emergency evacuation plan for a building, the employer or employers shall appoint (a) a chief emergency warden and a deputy chief emergency warden for that building; (b) an emergency warden and a deputy emergency warden for each floor of the building that is occupied by employees of the employer or employers; and (c) monitors for any employee who require special assistance in evacuating the building. (2) The chief emergency warden and deputy chief emergency warden appointed for a building shall be employees who are normally employed in the building. (3) The emergency warden and the deputy emergency warden appointed for a floor in a building shall be employees who are normally employed on that floor and monitors for an employee who requires special assistance shall be employees who are normally employed on the same floor as the employee requiring special assistance. SOR/96-525, s. 20. 17.8 (1) Every emergency warden, deputy emergency warden and monitor appointed under section 17.7 shall be instructed and trained in Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Emergency Wardens Sections 17.8-17.10 (a) his responsibilities under the emergency evacuation plan and the emergency procedures referred to in paragraph 17.5(1)(c); and (b) the use of fire protection equipment. (2) A record of all instruction and training provided in accordance with subsection (1) shall be kept by the employer in the work place to which it applies for a period of two years from the date on which the instruction or training is provided. SOR/88-632, s. 76(E); SOR/96-525, s. 21; SOR/2019-246, s. 129(F). Inspections 17.9 (1) In addition to the inspections carried out under section 17.3, a visual inspection of every building to which subsection 17.4(1) applies shall be carried out by a qualified person at least once every six months and shall include an inspection of all fire escapes, exits, stairways and fire protection equipment in the building in order to ensure that they are in serviceable condition and ready for use at all times. (2) A record of each inspection carried out in accordance with subsection (1) shall be dated and signed by the person who made the inspection and kept by the employer in the building to which it applies for a period of two years from the date on which it is signed. Meetings of Emergency Wardens and Drills 17.10 (1) At least once every year and after any change is made in the emergency evacuation plan or the emergency procedures referred to in paragraph 17.5(1)(c) for a building, (a) emergency wardens, deputy emergency wardens and monitors appointed under section 17.7 and employees requiring special assistance shall meet for the purpose of ensuring that they are familiar with the emergency evacuation plan and the emergency procedures and their responsibilities thereunder; and (b) an evacuation or emergency drill shall be conducted for the employees in that building. (2) The employer or employers shall keep a record of each meeting and drill referred to in subsection (1) in the building referred to in that subsection for a period of two years from the date of the meeting or the drill. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Meetings of Emergency Wardens and Drills Sections 17.10-17.11 (3) The record referred to in subsection (2) shall contain (a) in respect of each meeting, (i) the date of the meeting, (ii) the names and titles of those present, and (iii) a summary of the matters discussed; and (b) in respect of each drill, (i) the date and time of the drill, and (ii) where applicable, the length of time taken to evacuate the building. (4) The employer shall notify the local fire department for the building where an evacuation or emergency drill is to take place at least 24 hours in advance of the date and time of the drill. SOR/88-632, s. 77(E); SOR/96-525, s. 22. Fire Hazard Areas 17.11 (1) Subject to subsection (2), no person shall, in a fire hazard area, (a) use any equipment, machinery or tool of a type that may provide a source of ignition; or (b) smoke or use an open flame or other source of ignition. (2) If it is not feasible to avoid performing work involving the use of any equipment, machinery or tool that may provide a source of ignition in an area that has an atmosphere that contains or is likely to contain explosive concentrations of combustible dust or in an area where combustible dust has accumulated in a sufficient quantity to be a fire hazard, the following shall apply: (a) the atmosphere and surfaces in the area where the work is to be performed and within that portion of the surrounding area that is accessible to sparks or pieces of hot metal produced by the work shall be substantially free of combustible dust; (b) where any equipment, machinery or tool produces combustible dust that may reach the areas referred to in paragraph (a), the equipment, machinery or tool shall be made inoperative prior to and during the time the work is being performed; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVII Safe Occupancy of the Work Place Fire Hazard Areas Sections 17.11-17.12 (c) if feasible, the area where the work is to be performed shall be enclosed to prevent the escape of sparks or pieces of hot metal produced by the work; (d) all openings in floors and walls through which sparks or pieces of hot metal produced by the work may pass shall be sealed or covered to prevent such passage; (e) any combustible materials within the areas referred to in paragraph (a) shall be removed or, if it is not feasible, shall be covered with a non-combustible protective covering; (f) floors and walls of combustible material within the areas referred to in paragraph (a) shall be protected from the fire hazard by (i) drenching the surfaces of the floors and walls with water, or (ii) covering the floors and walls with a non-combustible protective covering; (g) the work shall be performed under the supervision of a qualified person, who shall remain in the work area while the work is performed and for 30 minutes thereafter; and (h) there shall be readily available in the work area at least one hand-held portable fire extinguisher and (i) a water hose at least 25 mm in diameter that is connected to a water supply line, or (ii) a supply of not less than 200 L of water and a bucket. SOR/88-632, s. 78(F); SOR/94-263, s. 64; SOR/2019-246, s. 130. 17.12 Signs shall be posted in conspicuous places at all entrances to a fire hazard area (a) identifying the area as a fire hazard area; and (b) prohibiting the use of an open flame or other source of ignition in the area. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations Section 18.1 PART XVIII Diving Operations Definitions 18.1 The definitions in this section apply in this Part. contaminated environment means (a) a point of discharge of effluent from a sewer, a water or sewage treatment plant or an industrial plant; (b) a site where chemical or biological effluent has accumulated; or (c) the site of an oil or radioactive spill. (environnement contaminé) decompression table means a table or set of tables that shows a schedule of rates for the safe ascent of a diver from depth in order to minimize the risk of decompression sickness. (table de décompression) dive supervisor means a qualified person who has been designated by the employer to be in charge of a diving operation at the dive site, including the health and safety of its divers. (chef de plongée) diver means a qualified person who performs work under water. (plongeur) diver’s flag means the rectangular red flag set out in Schedule I, each side of which is not less than 50 cm in length, that has a white diagonal stripe extending from the tip of the hoist to the bottom of the flag. (pavillon du plongeur) diver’s tender means a qualified person who attends to a diver for the duration of a dive. (assistant du plongeur) hyperbaric chamber means a pressure vessel and associated equipment designed to subject humans to greaterthan-atmospheric pressures. (caisson hyperbare) International Code Flag A means the white and dark blue flag set out in Schedule II, which is not less than 1 m in height. (pavillon A du code international) liveboating means the support of a diving operation from a vessel that is not at anchor, made fast to the shore or a fixed structure, or aground. (plongée avec bateausoutien) Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations Definitions Sections 18.1-18.2 no-decompression limit means the maximum time that can be spent at a depth without requiring a decompression stop. (limite de remontée sans palier) surface supply dive means a diving operation where a diver is supplied with breathing mixtures by a life support umbilical from the surface. (plongée non autonome) therapeutic recompression means the treatment of a diver in a hyperbaric chamber in accordance with generally accepted tables and practices. (recompression thérapeutique) type 1 dives means diving operations (a) the primary purpose of which is (i) to conduct scientific, archaeological or other research operations, or (ii) to gather evidence or information relating to a crime; (b) that (i) do not require decompression, (ii) do not involve diving in the vicinity of underwater pressure differentials, (iii) are not related to the search, construction, repair or inspection of ships, bridge piers, wharves, dry docks, underwater tunnels, or water control and water intake facilities, and (iv) do not involve using underwater welding or cutting equipment; and (c) the depth of which does not exceed 40 m. (plongées de type 1) type 2 dives means diving operations other than type 1 dives. (plongées de type 2) SOR/98-456, s. 1; SOR/2002-208, s. 39. Application 18.2 This Part does not apply to diving operations to which the Canada Oil and Gas Diving Regulations, the Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations Application Sections 18.2-18.5 Nova Scotia Offshore Area Petroleum Diving Regulations or the Newfoundland Offshore Area Petroleum Diving Regulations apply. SOR/98-456, s. 1. 18.3 (1) Division I applies to type 1 dives and type 2 dives. (2) Division II applies to type 2 dives. SOR/98-456, s. 1. DIVISION I Type 1 Dives and Type 2 Dives Written Procedures 18.4 (1) Every employer shall establish written procedures and requirements that are to be followed and met by employees involved in diving operations and that specify which of those procedures and requirements (a) apply to each type of dive in which the employees are likely to engage, including the qualifications of the dive team members; (b) are to be implemented or met to counter any known hazards, including those arising out of contaminated or potentially contaminated environments, low visibility, hazardous water flow conditions and entrapment; and (c) deal with emergency situations and the evacuation of dive team members. (2) Every employer shall review the procedures referred to in paragraph (1)(c) at least once a year and, if necessary, revise those procedures. (3) The procedures and requirements referred to in subsection (1) shall be available to all employees involved in diving operations. SOR/98-456, s. 1. Instruction and Training [SOR/2019-246, s. 131(F)] 18.5 (1) Every employer shall ensure that an employee required to dive has received instruction and training with respect to (a) the types of dives in which the employee is likely to participate; and Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Instruction and Training Sections 18.5-18.7 (b) the equipment that the employee is likely to use. (2) Every employer shall ensure that an employee involved in diving operations demonstrates on an annual basis that the employee is competent to perform the types of dives in which the employee is likely to participate. (3) Every employer shall ensure that persons who are not employees and who dive with employees demonstrate that they are competent to perform the types of dives in which they will participate. SOR/98-456, s. 1; SOR/2019-246, s. 132(F). 18.6 (1) Every employer shall ensure that an employee required to dive has been trained in first aid and cardiopulmonary resuscitation and in the recognition of the symptoms and the management of diving-related injuries. (2) Where oxygen equipment for therapeutic purposes is provided at the dive site, the employer shall ensure that an employee required to dive or act as a diver’s tender is trained in its use. SOR/98-456, s. 1. Medical Evaluations 18.7 (1) Every employer shall ensure that an employee required to dive has (a) received a medical examination within the last two years; and (b) been declared fit to dive, or fit to dive with specified restrictions, by the examining physician. (2) For the purposes of subsection (1), the examining physician shall use as a guideline the factors and tests listed in Appendices A and B of CSA Standard CAN/CSAZ275.2-92, Occupational Safety Code for Diving Operations, published in English in April 1992 and in French in February 1994, as amended from time to time. (3) Where the physician examining the employee pursuant to subsection (1) declares the employee fit to dive with specified restrictions, the employer shall not permit the employee to dive otherwise than in accordance with the specified restrictions. (4) Every employer shall ensure that a diver who has been treated for a pressure-related injury or illness does not dive unless written clearance for further diving is given by a physician. SOR/98-456, s. 1; SOR/2022-94, s. 5(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Fitness to Dive Sections 18.8-18.9 Fitness to Dive 18.8 (1) If a diver considers himself or herself unfit to dive owing to illness, fatigue or any other cause, the diver shall inform the employer of that fact. (2) An employer who has been notified pursuant to subsection (1) shall not permit the employee to dive. SOR/98-456, s. 1. Dive Plan 18.9 (1) Every employer shall ensure that, for each dive, the dive team develops a dive plan that identifies the surface and underwater conditions and hazards likely to be encountered, including those arising from contaminated environments and underwater pressure differentials, and that specifies (a) the duties of each dive team member; (b) the diving equipment to be used; (c) the breathing supply requirements, including the reserve supply; (d) the thermal protection to be used; (e) the repetitive dive factor; (f) the no-decompression limit; (g) the emergency procedures to be followed; (h) the communication methods to be used; (i) for a type 1 dive that is a scuba dive, whether there is a need for a diver’s tender; (j) the circumstances in which the dive must be terminated; (k) the procedures to be followed to ensure that machinery, equipment or devices that could create a hazard have been locked out; and (l) whether lifelines must be used. (2) In the case of a type 1 dive, the dive plan referred to in subsection (1) shall also specify whether there is a need for a standby diver. (3) In the case of a type 2 dive that requires decompression, the dive plan referred to in subsection (1) shall also specify the decompression schedule to be used. SOR/98-456, s. 1; SOR/2019-246, s. 133(F). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Dive Team Sections 18.10-18.15 Dive Team 18.10 (1) Subject to subsections (3) and (4) and Division II, every employer shall ensure that a dive team consisting of at least two divers is present at every dive site. (2) One member of the dive team referred to in subsection (1) shall be designated as the dive supervisor. (3) A diver’s tender shall be present at any surface supply dive. (4) A dive boat operator shall be present at any dive carried out from a boat or vessel. SOR/98-456, s. 1. 18.11 Every employer shall ensure that, for the duration of a surface supply dive, the diver’s tender devotes his or her entire time and attention to the work of a diver’s tender. SOR/98-456, s. 1. 18.12 Every employer shall ensure that, for the duration of a type 2 dive carried out from a boat or vessel, the dive boat operator devotes his or her entire time and attention to the work as a dive boat operator. SOR/98-456, s. 1. 18.13 A standby diver shall be present at all times when type 2 dives are in progress. SOR/98-456, s. 1. 18.14 Where a standby diver is needed pursuant to subsection 18.9(2) or section 18.13, the standby diver shall (a) be trained and equipped to operate at the depth at which and in the circumstances in which a submerged diver is operating; (b) be readily available to assist the submerged diver in the event of an emergency; and (c) not dive or be required to dive except in an emergency. SOR/98-456, s. 1. Emergency Assistance 18.15 Every employer shall, for the purposes of paragraph 18.9(1)(g), arrange for (a) assistance in the event of an emergency; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Emergency Assistance Sections 18.15-18.19 (b) medical support on a 24-hour-a-day basis and a suitable means of communication between the dive site and that medical support; and (c) evacuation of a diver to a hyperbaric chamber if necessary. SOR/98-456, s. 1. Pressure-related Injury 18.16 Every employer shall ensure that, when a diver shows any indication of a pressure-related injury or requires therapeutic recompression, (a) the necessary first-aid treatment is initiated; and (b) the medical support referred to in paragraph 18.15(b) is notified immediately. SOR/98-456, s. 1. Decompression 18.17 Diving operations, repetitive dives and the treatment of divers shall be carried out in accordance with generally accepted decompression tables and procedures. SOR/98-456, s. 1. Identification of Dive Site 18.18 Every employer shall ensure that the following flags are conspicuously displayed at or in close proximity to the dive site whenever diving operations are conducted in areas of marine traffic: (a) the International Code Flag A, hoisted from any vessel, boat or platform used in support of a dive in such a manner as to ensure all-round visibility of the dive site; and (b) one or more diver’s flags from a white buoy which may be equipped with (i) a light, in which case the light shall be yellow and flashing, and (ii) reflecting material, in which case the reflecting material shall be yellow. SOR/98-456, s. 1. Supervision 18.19 Every diving operation shall be conducted under the supervision of a dive supervisor. SOR/98-456, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Supervision Sections 18.20-18.24 18.20 The primary duties of the dive supervisor shall include (a) ensuring that every member of the dive team is familiar with the dive plan; (b) ensuring that every member of the dive team understands the member’s duties, including the emergency procedures to be followed; (c) ensuring, before each dive, that all necessary equipment is available and in good operating condition; and (d) supervising the entire diving operation. SOR/98-456, s. 1. Hazards 18.21 Immediately before each dive, the dive supervisor shall review the nature of any hazards at the dive site and ensure that all divers are fully aware of the hazards likely to be encountered in the diving operation. SOR/98-456, s. 1; SOR/2019-246, s. 134(F). Communications 18.22 Every employer shall, for the purposes of paragraph 18.9(1)(h), ensure that all means of communication used at the dive site are (a) appropriate for the operation; and (b) understood by all members of the dive team. SOR/98-456, s. 1. Breathing Supply 18.23 (1) Every employer shall ensure that a reserve breathing supply sufficient to allow the safe termination of a dive is immediately available to the diver. (2) Where required by the dive plan, the reserve breathing supply referred to in subsection (1) shall be carried by the diver. SOR/98-456, s. 1. 18.24 Every employer shall ensure that air compressors and filter systems are tested annually and produce breathing mixtures that meet the requirements of clause 3.8 of CSA Standard CAN/CSA-Z275.2-92, Occupational Safety Code for Diving Operations, published in English Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Breathing Supply Sections 18.24-18.28 in April 1992 and in French in February 1994, as amended from time to time. SOR/98-456, s. 1; SOR/2022-94, s. 5(F). 18.25 Where a dive plan requires that oxygen for therapeutic purposes be available, the employer shall supply (a) demand-type oxygen therapy equipment; and (b) an adequate quantity of oxygen. SOR/98-456, s. 1. Diving Equipment 18.26 (1) Every employer shall ensure that all diving equipment used by employees is (a) designed for its intended use and maintained in a condition that ensures its continuing operation for the purpose and at the depth for which it was designed; and (b) inspected, tested, maintained and calibrated by a qualified person at intervals recommended by the manufacturer and whenever the equipment is thought to be defective. (2) Every employer shall ensure that diving equipment used by persons who are not employees and who are granted access to the work place is in a condition that ensures its operation for the purpose and at the depth for which it was designed. SOR/98-456, s. 1. 18.27 (1) Immediately before each dive, every diver shall check that all the equipment the diver requires is present, properly fastened in place and functioning. (2) Before beginning a descent, every diver shall conduct the check specified in subsection (1) again in the water. SOR/98-456, s. 1. 18.28 (1) Every employer shall ensure that whenever diving operations are carried out from a diving station located more than 2 m above the water, the divers are transported through the air-water interface by a cage, basket or platform. (2) Every employer shall ensure that a stationary platform from which a diver works, or any cage, basket or platform on or in which a diver is lowered to or raised from an underwater work place, and any associated hoisting devices and tackle, Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Diving Equipment Sections 18.28-18.32 (a) are used for the purpose for which they were designed; and (b) do not in themselves create a hazard. (3) Any cage, basket or platform and any associated equipment referred to in subsection (2) shall be dedicated to the diving operations until the dive is completed. SOR/98-456, s. 1. 18.29 Floating equipment used in diving operations, including a vessel that is anchored or moored, shall not be moved or relocated while a diver is in the water unless the dive supervisor agrees to the move or relocation. SOR/98-456, s. 1. 18.30 The employer shall ensure that, when a floating platform, vessel or boat is used in support of the dive, it remains on site at all times while a diver is in the water. SOR/98-456, s. 1. 18.31 (1) Every employer shall ensure that, where a dive plan requires the use of a lifeline to tether a diver, the lifeline (a) is free of knots and splices, other than knots and splices necessary to attach the lifeline to the diver and the dive site; (b) has a breaking strength of not less than 1400 kg; (c) is secured to the diver so as to prevent loss of contact with the diver; and (d) is secured at the surface to a safe point of anchorage. (2) A lifeline shall always be used in dives taking place under ice. (3) Every employer shall ensure that a lifeline is tended at all times by a diver’s tender. SOR/98-456, s. 1. 18.32 Every submersible pressure gauge and every depth gauge shall be inspected by a qualified person (a) before being used for the first time; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Diving Equipment Sections 18.32-18.35 (b) thereafter at intervals not exceeding 12 months; and (c) whenever the gauge is thought to be defective. SOR/98-456, s. 1. 18.33 (1) Where an employee finds a defect in any diving equipment, including pressure gauges and depth gauges, that may render it unsafe for use, the employee shall immediately report the defect to the employer. (2) An employer shall mark or tag as unsafe and remove from service any diving equipment, including pressure gauges and depth gauges, that may be used by employees where a defect may render it unsafe for use. SOR/98-456, s. 1. Termination of Dive 18.34 A dive shall be terminated in accordance with the dive plan referred to in subsection 18.9(1) or when (a) a dive team member requests termination; (b) a diver loses contact with or fails to respond correctly to a communication from a diving partner; (c) a diver loses contact with or fails to respond correctly to a communication from the diver’s tender; (d) a diver’s primary breathing supply fails; or (e) a diver becomes aware of any sign of a malfunction of equipment or any sign or symptom of diver distress. SOR/98-456, s. 1. Observation After Diving 18.35 Every employer shall ensure that, on completion of a dive, a diver remains under observation for a period of time sufficient to ensure the health and safety of the diver. SOR/98-456, s. 1; SOR/2002-208, s. 41. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Flying After Diving Sections 18.36-18.38 Flying After Diving 18.36 (1) An employer shall not allow a diver to fly at an altitude greater than 300 m above the altitude of the dive site unless the following period of time has elapsed: (a) 12 hours following a no-decompression dive; (b) 24 hours following a decompression dive; or (c) such time as is specified by a physician who treated the diver for a pressure-related injury. (2) Subsection (1) does not apply to an emergency air evacuation. (3) In the event of an emergency air evacuation, provision shall be made to furnish the diver with oxygen, and the flight altitude and in-flight conditions shall be those recommended by the attending physician or dive supervisor. SOR/98-456, s. 1. Reports and Records 18.37 (1) Every diver shall report to the employer any occurrence that has caused a diving-related injury to the diver. (2) The employer shall investigate the occurrence reported pursuant to subsection (1) and keep a written record of its findings. SOR/98-456, s. 1; SOR/2019-246, s. 135(F). 18.38 (1) Every employer shall ensure that a dive record is kept for every diver. (2) The record referred to in subsection (1) shall contain, for each dive, (a) the date of the dive; (b) the dive location; (c) the name of the diver; (d) the name of the standby diver, if any; (e) the name of the diver’s tender, if any; (f) the signature of the diver and the dive supervisor; and (g) the breathing mixture used, if other than air. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Reports and Records Sections 18.38-18.39 (3) The record referred to in subsection (1) shall also contain, for each type 1 dive, (a) the total elapsed time, measured in minutes, from the time the diver leaves the surface to the time the diver begins final ascent, rounded to the next whole minute; (b) the maximum depth reached; and (c) any unusual incident or condition, including emergency decompression time. (4) The record referred to in subsection (1) shall also contain, for each type 2 dive, (a) the type of diving equipment used; (b) the time the diver leaves the surface; (c) the maximum depth reached; (d) the time the diver begins final ascent; (e) the time the diver reaches the surface; (f) the decompression schedule used, if any; and (g) any unusual incident or condition. (5) The employer shall keep the record referred to in subsection (1) for a period of 12 months after the date of the dive. SOR/98-456, s. 1; SOR/2019-246, s. 136. 18.39 (1) Every employer shall keep a dated dive record for each diver that shall include (a) the year in which the dive occurs; (b) the maximum depth reached; (c) the total elapsed time, measured in minutes, from the time the diver leaves the surface to the time the diver begins final ascent, rounded to the next whole minute; (d) the breathing mixture used, if other than air; (e) any unusual incident or condition; (f) any occurrence reported pursuant to subsection 18.37(1); and (g) a copy of any record referred to in subsection 18.37(2). Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION I Type 1 Dives and Type 2 Dives Reports and Records Sections 18.39-18.46 (2) The employer shall annually supply the record referred to in subsection (1) to the diver and keep a copy for a period of five years after the date on which the diver ceases to be employed by the employer. SOR/98-456, s. 1; SOR/2019-246, s. 137(F). 18.40 Every employer shall keep a record of all diver instruction and training received and all competency demonstrations given pursuant to section 18.5, for as long as the employee is employed by the employer as a diver. SOR/98-456, s. 1; SOR/2019-246, s. 138(F). 18.41 Every employer shall keep a record of each air quality test performed in accordance with section 18.24 for a period of five years after the day on which the test was made. SOR/98-456, s. 1; SOR/2019-246, s. 139(E). 18.42 Every employer shall keep a record of each equipment inspection, test, maintenance and calibration performed in accordance with paragraph 18.26(1)(b) for a period of five years after the day on which the inspection, test, maintenance or calibration was performed. SOR/98-456, s. 1; SOR/2019-246, s. 139(E). DIVISION II Type 2 Dives Approach to Water Control and Intake Facilities 18.43 Underwater approaches to water control and intake facilities where underwater pressure differentials may be encountered shall be made in accordance with sections 18.44 to 18.46. SOR/98-456, s. 1; SOR/2019-246, s. 140(F). 18.44 Every employer shall ensure that a diver working near a facility referred to in section 18.43 wears a lifeline tended from a position outside the approach area. SOR/98-456, s. 1. 18.45 Every employer shall ensure that any diver required to approach an underwater intake pipe, tunnel or duct is provided with the means to differentiate the intake from any other similar intake in the dive area. SOR/98-456, s. 1. 18.46 (1) Subject to subsection (2), every employer shall ensure that Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION II Type 2 Dives Approach to Water Control and Intake Facilities Sections 18.46-18.50 (a) a diver is not allowed to approach any underwater intake or structure where underwater pressure differentials may be encountered until the flow of water is stopped or controlled; and (b) the flow of water is not re-established until the diver leaves the water or until the dive supervisor has determined that the diver is clear of the approach area referred to in paragraph (a). (2) Where the flow of water referred to in subsection (1) cannot be stopped, the employer shall assess the safety of a diver approaching the intake by determining flow patterns using reliable indicators, direct measurements or calculations. SOR/98-456, s. 1; SOR/2019-246, s. 141(F). Diving Hazards 18.47 No employer shall permit a diver to approach a work place that may be hazardous because of the operation of machinery or equipment, unless the machinery or equipment is secured against inadvertent movement and made inoperable for the duration of the dive. SOR/98-456, s. 1. 18.48 If there is a risk that a diver could be entrapped, the employer shall ensure that (a) a two-way voice communication system between the diver and the diver’s tender is provided; and (b) a second dive team, equipped to rescue a diver in the event of an emergency, is present at the dive site. SOR/98-456, s. 1; SOR/2019-246, s. 142(E). Use of Explosives 18.49 (1) The initiation of underwater explosive charges at a dive site shall be under the direct control of the dive supervisor. (2) A two-way voice communication system shall be provided when explosives are being used at a dive site, unless the voice communication system itself would pose a hazard. SOR/98-456, s. 1. Hyperbaric Chambers 18.50 Every employer shall ensure that a hyperbaric chamber meeting the requirements of CSA Standard Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION II Type 2 Dives Hyperbaric Chambers Sections 18.50-18.56 CAN/CSA Z275.1-93, Hyperbaric Facilities, published in English in December 1993 and in French in January 1995, as amended from time to time, for Class A (double-lock type) hyperbaric chambers, is available and in operable condition whenever (a) a decompression dive is occurring; or (b) the depth of a dive is to exceed 40 m. SOR/98-456, s. 1; SOR/2022-94, s. 5(F). 18.51 Every employer shall ensure that a hyperbaric chamber is operated by a qualified person. SOR/98-456, s. 1. Alternative Energy Sources 18.52 (1) Every employer shall ensure that a second source of power capable of supplying sufficient power to operate all essential diving equipment is available in the event of failure of the primary power source. (2) Every employer shall ensure that the second source of power referred to in subsection (1) is capable of (a) being rapidly brought on line; and (b) operating all equipment essential to the diving operation. SOR/98-456, s. 1; SOR/2019-246, s. 143(F). Surface Supply Type 2 Dives 18.53 Sections 18.54 to 18.62 apply to surface supply type 2 dives. SOR/98-456, s. 1. 18.54 Where the planned depth of a dive does not exceed 40 m, there shall be at least three persons present at the dive site, of whom (a) at least two are divers, one of whom is a standby diver; and (b) at least one is a diver’s tender. SOR/98-456, s. 1. 18.55 The diver’s tender or the standby diver of a diving operation, the depth of which does not exceed 40 m, shall be designated as the dive supervisor. SOR/98-456, s. 1. 18.56 Where the planned depth of a dive exceeds 40 m, there shall be at least four persons at the dive site, of whom Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION II Type 2 Dives Surface Supply Type 2 Dives Sections 18.56-18.62 (a) at least two are divers, one of whom is a standby diver; (b) one is the dive supervisor; and (c) one is the diver’s tender. SOR/98-456, s. 1. 18.57 Every employer shall ensure that, except in an emergency, each surface supply diver in the water has a separate diver’s tender. SOR/98-456, s. 1. 18.58 (1) The voice communication system provided between a diver and the surface shall (a) allow the diver’s breathing to be heard at the surface; and (b) include a recording system where the maximum depth of the dive is greater than 55 m. (2) An emergency signal system must be in effect during a diving operation to supplement the primary communication system. SOR/98-456, s. 1. 18.59 A reserve breathing supply appropriate for the dive shall be carried by each diver. SOR/98-456, s. 1. 18.60 Every employer shall ensure that nonreturn valves are (a) fitted to all diving helmets and surface supply diving masks; and (b) checked daily before the commencement of diving operations in accordance with the manufacturer’s recommendations. SOR/98-456, s. 1. 18.61 Every employer shall ensure that every life support umbilical incorporates a lifeline rigged to prevent stress on the air line. SOR/98-456, s. 1. 18.62 Every employer shall ensure that, in a liveboating operation, (a) a method that will prevent the lifeline or life support umbilical from becoming entangled in the propellers is used; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations DIVISION II Type 2 Dives Surface Supply Type 2 Dives Sections 18.62-18.67 (b) the diver’s tender is a qualified person for the type of tending used; and (c) the vessel operator is a qualified person. SOR/98-456, s. 1. Type 2 Scuba Diving 18.63 Sections 18.64 to 18.67 apply to type 2 dives in the course of which divers use scuba. SOR/98-456, s. 1. 18.64 In a diving operation where the diver is tethered to the surface by a lifeline or float, there shall be at least three persons present at the dive site, of whom (a) one is a standby diver; and (b) one is a diver’s tender. SOR/98-456, s. 1. 18.65 In a diving operation where the diver is not tethered to the surface by a lifeline or float, there shall be a through-water, two-way voice communication system between the divers and between the divers and the surface, and at least four persons present at the dive site, of whom (a) three are divers, one of whom is a standby diver; and (b) one is a diver’s tender. SOR/98-456, s. 1. 18.66 One of the employees on the surface shall be designated as the dive supervisor of the scuba diving operation. SOR/98-456, s. 1. 18.67 (1) Subject to subsection (2), dives shall be limited to a depth not exceeding 40 m. (2) A diver may dive to a depth greater than 40 m for the purpose of saving a life provided that, where conditions permit, the diver is (a) secured by a lifeline; and (b) tended by a diver’s tender. SOR/98-456, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations SCHEDULE I Section 18.67 SCHEDULE I (Sections 18.1 and 18.18) Diver’s Flag Red rectangle with white diagonal stripe SOR/98-456, s. 1. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XVIII Diving Operations SCHEDULE II Section 19.1 SCHEDULE II (Sections 18.1 and 18.18) International Code Flag A White rectangle with dark blue tails SOR/98-456, s. 1. PART XIX Hazard Prevention Program Hazard Prevention Program 19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components: (a) an implementation plan; (b) a hazard identification and assessment methodology; (c) hazard identification and assessment; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Hazard Prevention Program Sections 19.1-19.3 (d) preventive measures; (e) employee training; and (f) a program evaluation. (2) [Repealed, SOR/2009-84, s. 2] SOR/2005-401, s. 2; SOR/2007-271, s. 1; SOR/2009-84, s. 2; SOR/2019-246, s. 144(E). Implementation Plan 19.2 (1) The employer shall (a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program; (b) monitor the progress of the implementation of the preventive measures; and (c) review the time frame of the implementation plan regularly and, as necessary, revise it. (2) In implementing the prevention program, the employer shall ensure that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, if feasible, as required by subsection 19.5(1) and that any person assigned to identify and assess ergonomics-related hazards has the necessary instructions and training. SOR/2005-401, s. 2; SOR/2007-271, s. 2; SOR/2019-246, s. 145. Hazard Identification and Assessment Methodology 19.3 (1) The employer shall develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information: (a) any hazardous occurrence investigation reports; (b) first aid records and minor injury records; (c) work place health protection programs; (d) any results of work place inspections; (e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3; (f) any government or employer reports, studies and tests concerning the health and safety of employees; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Hazard Identification and Assessment Methodology Sections 19.3-19.4 (g) any reports made under the Safety and Health Committees and Representatives Regulations; (h) the record of hazardous substances; and (i) any other relevant information, including ergonomics-related information. (2) The hazard identification and assessment methodology shall include (a) the steps and time frame for identifying and assessing the hazards; (b) the keeping of a record of the hazards; and (c) a time frame for reviewing and, if necessary, revising the methodology. SOR/2005-401, s. 2; SOR/2007-271, s. 3. Hazard Identification and Assessment 19.4 The employer shall identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 19.3 taking into account (a) the nature of the hazard; (a.1) in the case of ergonomics-related hazards, all ergonomics-related factors such as (i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and (ii) the characteristics of materials, goods, persons, animals, things and work spaces and the features of tools and equipment; (b) the employees’ level of exposure to the hazard; (c) the frequency and duration of employees’ exposure to the hazard; (d) the effects, real or apprehended, of the exposure on the health and safety of employees; Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Hazard Identification and Assessment Sections 19.4-19.5 (e) the preventive measures in place to address the hazard; (f) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3; and (g) any other relevant information. SOR/2005-401, s. 2; SOR/2007-271, s. 4. Preventive Measures 19.5 (1) The employer shall, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority: (a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee; (b) the reduction of the hazard, including isolating it; (c) the provision of personal protective equipment, clothing, devices or materials; and (d) administrative procedures, such as the management of hazard exposure and recovery periods and the management of work patterns and methods. (2) As part of the preventive measures, the employer shall develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees. (3) The employer shall ensure that any preventive measure shall not in itself create a hazard and shall take into account the effects on the work place. (4) The preventive measures shall include steps to address (a) newly identified hazards in an expeditious manner; and (b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Preventive Measures Sections 19.5-19.6 (5) The employer shall ensure that any person assigned to implement ergonomics-related prevention measures has the necessary instruction and training. SOR/2005-401, s. 2; SOR/2007-271, s. 5; SOR/2009-84, s. 3(F); SOR/2019-246, s. 146(F). Employee Training [SOR/2019-246, s. 147(E)] 19.6 (1) The employer shall provide each employee with health and safety training, including training relating to ergonomics, which shall include the following: (a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer; (b) the nature of the work place and the hazards associated with it; (c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 15.3; and (d) an overview of the Act and these Regulations. (2) The employer shall provide training to an employee (a) whenever new hazard information in respect of a hazard in the work place becomes available to the employer; and (b) shortly before the employee is assigned a new activity or exposed to a new hazard. (3) The employer shall review the employee training program, and, if necessary, revise it (a) at least every three years; (b) whenever there is a change in conditions in respect of the hazards; and (c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer. (4) Each time training is provided to an employee, the employee shall acknowledge in writing that they received it and the employer shall acknowledge in writing that they provided it. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Employee Training Sections 19.6-19.8 (5) The employer shall keep a paper or electronic record of the training provided to each employee for a period of two years after the employee ceases to be exposed to a hazard. SOR/2005-401, s. 2; SOR/2007-271, s. 6; SOR/2019-246, s. 148. Program Evaluation 19.7 (1) The employer shall evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it (a) at least every three years; (b) whenever there is a change in conditions in respect of the hazards; and (c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer. (2) The evaluation of the effectiveness of the prevention program shall be based on the following documents and information: (a) conditions related to the work place and the activities of the employees; (b) any work place inspection reports; (c) any hazardous occurrence investigation reports; (d) any safety audits; (e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries; (f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and (g) any other relevant information. SOR/2005-401, s. 2; SOR/2007-271, s. 7. Reports 19.8 (1) If a program evaluation has been conducted under section 19.7, the employer shall prepare a program evaluation report. Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations PART XIX Hazard Prevention Program Reports Sections 19.8-20.10 (2) The employer shall keep readily available every program evaluation report for six years after the date of the report. SOR/2005-401, s. 2; SOR/2009-84, s. 4; SOR/2019-246, s. 149(F). 20.1 [Repealed, SOR/2020-130, s. 41] 20.2 [Repealed, SOR/2020-130, s. 41] 20.3 [Repealed, SOR/2020-130, s. 41] 20.4 [Repealed, SOR/2020-130, s. 41] 20.5 [Repealed, SOR/2020-130, s. 41] 20.6 [Repealed, SOR/2020-130, s. 41] 20.7 [Repealed, SOR/2020-130, s. 41] 20.8 [Repealed, SOR/2020-130, s. 41] 20.9 [Repealed, SOR/2020-130, s. 41] 20.10 [Repealed, SOR/2020-130, s. 41] Current to June 20, 2022 Last amended on June 20, 2022 Canada Occupational Health and Safety Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2016-141, s. 77 77 If an employer complies with the requirements set out in the provisions amended by these Regulations as those provisions read immediately before February 11, 2015, the amendments made by these Regulations do not apply to the employer (a) during the period that begins on the day on which these Regulations come into force and ends on November 30, 2018; and (b) in respect of any hazardous products that are in the work place on December 1, 2018, during the period that begins on December 1, 2018 and ends on May 31, 2019. — SOR/2020-130, s. 42 42 Sections 20.1, 20.2 and 20.9 of the Canada Occupational Health and Safety Regulations, as they read immediately before the day on which the Work Place Harassment and Violence Prevention Regulations come into force, continue to apply to all “work place violence”, as described in section 20.2 of the Canada Occupational Health and Safety Regulations and alleged work place violence, of which the employer becomes aware before the day on which the Work Place Harassment and Violence Prevention Regulations come into force. Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION CEFTA Rules of Origin Regulations SOR/2009-198 Current to June 20, 2022 Last amended on July 1, 2009 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. The last amendments came into force on July 1, 2009. 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 Last amended on July 1, 2009 TABLE OF PROVISIONS CEFTA Rules of Origin Regulations 1 Rules of Origin Coming into Force Current to June 20, 2022 Last amended on July 1, 2009 ii Registration SOR/2009-198 June 18, 2009 CUSTOMS TARIFF CEFTA Rules of Origin Regulations P.C. 2009-1037 June 18, 2009 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, hereby makes the annexed CEFTA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on July 1, 2009 CEFTA Rules of Origin Regulations Rules of Origin 1 The following provisions of Annex C to the version of the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), signed on January 26, 2008, have the force of law in Canada: (a) Articles 1 to 8; (b) Article 9, paragraph 1; (c) Articles 10 to 12; (d) Article 14; and (e) Appendix I. Coming into Force 2 These Regulations come into force on July 1, 2009, but if they are registered after that day, they come into force on the day they are registered. Current to June 20, 2022 Last amended on July 1, 2009

CONSOLIDATION CPAFTA Tariff Preference Regulations SOR/2013-52 Current to June 20, 2022 Last amended on April 1, 2013 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. The last amendments came into force on April 1, 2013. 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 Last amended on April 1, 2013 TABLE OF PROVISIONS CPAFTA Tariff Preference Regulations 1 Interpretation General *3 Coming into Force Current to June 20, 2022 Last amended on April 1, 2013 ii Registration SOR/2013-52 March 21, 2013 CUSTOMS TARIFF CPAFTA Tariff Preference Regulations P.C. 2013-311 March 21, 2013 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CPAFTA Tariff Preference Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on April 1, 2013 CPAFTA Tariff Preference Regulations Interpretation 1 In these Regulations, originating means qualifying as originating in the territory of a Party under the rules of origin set out in Chapter Three (Rules of Origin) of the Canada-Panama Free Trade Agreement, signed on May 14, 2010. General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods exported from Panama are entitled to the benefit of the Panama Tariff if (a) the goods are shipped to Canada without shipment through another country either (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, when requested by an officer, documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods; or (b) the goods are shipped to Canada through another country and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods, and (ii) a copy of the customs control documents that establish that the goods remained under customs control while in that other country. Coming into Force 3 These Regulations come into force on the day on which section 42 of the Canada–Panama Economic Growth and Prosperity Act, chapter 26 of the Statutes of Canada, 2012, comes into force, but if they are registered * Current to June 20, 2022 Last amended on April 1, 2013 CPAFTA Tariff Preference Regulations Coming into Force Section 3 after that day, they come into force on the day on which they are registered. * [Note: Regulations in force April 1, 2013, see SI/2013-16.] Current to June 20, 2022 Last amended on April 1, 2013

CONSOLIDATION Canadian Pork PromotionResearch Agency Proclamation SOR/2020-282 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 Canadian Pork Promotion-Research Agency Proclamation A Proclamation SCHEDULE Current to June 20, 2022 ii Registration SOR/2020-282 December 16, 2020 FARM PRODUCTS AGENCIES ACT Canadian Pork Proclamation Promotion-Research Agency Julie Payette [L.S.] Canada ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. Nathalie G. Drouin Deputy Attorney General Great Seal of Canada TO ALL TO WHOM these presents shall come or whom the same may in any way concern, GREETING: A Proclamation Whereas subsection 39(1)a of the Farm Products Agencies Actb provides that the Governor in Council may, by proclamation, establish a promotion and research agency with powers relating to one or more farm products, if the Governor in Council is satisfied that the majority of the aggregate of the producers or, if the import trade in one or more farm products is to be included, the majority of the aggregate of the producers and importers, of all of those farm products, in Canada or in the region to which the proclamation relates, is in favour of the establishment of such an agency; And whereas the Governor in Council is satisfied that a majority of the aggregate of the producers and importers of hogs and pork products in Canada is in favour of the establishment of a promotion and research agency; a S.C. 1993, c. 3, s. 12 b R.S., c. F-4; S.C. 1993, c. 3, s. 2 Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation Now Know You that We, by and with the advice of Our Privy Council for Canada and pursuant to Order in Council P.C. 2020-844 of October 30, 2020, do by this Our Proclamation (a) establish a promotion and research agency, known as the Canadian Pork Promotion-Research Agency, consisting of 12 members appointed in the manner and for the term as set out in the annexed schedule; (b) specify that the manner of designation of the chair and vice-chair of the Canadian Pork Promotion-Research Agency, the manner of appointment and term of temporary substitute members of the Agency and the place within Canada where its head office is to be situated are as set out in the annexed schedule; (c) designate that the farm products in relation to which the Canadian Pork Promotion-Research Agency may exercise its powers are hogs and pork products as defined in the annexed schedule; and (d) specify that the terms of the promotion and research plan that the Canadian Pork Promotion-Research Agency is empowered to implement are as set out in the annexed schedule; And Know You further that this Proclamation may be cited as the Canadian Pork Promotion-Research Agency Proclamation. Of all which Our loving subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it. WITNESS: Our Right Trusty and Well-beloved Julie Payette, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada. AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this twenty-fifth day of November in the year of Our Lord two thousand and twenty and in the sixtyninth year of Our Reign BY COMMAND, Simon Kennedy Deputy Registrar General of Canada Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation SCHEDULE SCHEDULE Interpretation 1 The following definitions apply in this schedule. Act means the Farm Products Agencies Act. (Loi) Agency means the Canadian Pork Promotion-Research Agency established by this Proclamation. (Office) hog means a live, domesticated pig that is marketed for the production of pork products. (porc) marketing, in relation to a hog or a pork product, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and any other act necessary to prepare a farm product in a form or to make it available at a place and time for purchase for consumption or use. (commercialisation) plan means the promotion-research plan the terms of which are set out in Part 2. (plan) pork product means an edible product made in whole or in part from a hog. (produit du porc) provincial pork association in respect of the following, means: (a) for Ontario, Ontario Pork Producers’ Marketing Board; (b) for Quebec, Les éleveurs de porcs du Québec; (c) for Nova Scotia, Pork Nova Scotia; (d) for New Brunswick, Porc NB Pork; (e) for Manitoba, the Manitoba Pork Council; (f) for British Columbia, the British Columbia Hog Marketing Commission; (g) for Prince Edward Island, the Prince Edward Island Hog Commodity Marketing Board; (h) for Saskatchewan, the Saskatchewan Pork Development Board; and (i) for Alberta, the Alberta Pork Producers Development Corporation (Alberta Pork). (association provinciale de producteurs de porcs) Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation SCHEDULE PART 1 Agency 2 The 12 members of the Agency must be elected by the delegates at the Agency’s Annual General Meeting in the following manner: (a) one member from each of the following provinces must be elected from among the candidates who are nominated by the provincial pork association to represent the primary producers: (i) Ontario, (ii) Quebec, (iii) Nova Scotia, (iv) New Brunswick, (v) Manitoba, (vi) British Columbia, (vii) Prince Edward Island, (viii) Saskatchewan, and (ix) Alberta; (b) one member must be elected to represent importers from among the candidates who submit their application to the Agency and who are able to demonstrate that they imported hogs or pork products in the previous calendar year; and (c) two members must be elected from among the candidates directly involved in the work of the Agency who submit their application to the Agency, but if no applications are made, the Agency or members of the Agency may invite qualified individuals from other segments of the pork value chain such as retail, restaurant and other food service, processing and research to submit their applications. 3 A member holds office for a one-year term beginning at the close of the annual general meeting at which the member is elected. 4 (1) If a member who is elected under paragraph 2(a) resigns, is removed from office or dies, the association that nominated the member is to appoint a temporary substitute member to hold office until the next annual general meeting. If the temporary substitute member is Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation SCHEDULE unable to act, the association is to appoint a replacement to act during that period. (2) If a member who is elected under paragraph 2(b) or (c) resigns, is removed from office or dies, the Agency is to appoint a temporary substitute member to hold office until the next annual general meeting. If the temporary substitute member is unable to act, the Agency is to appoint a replacement to act during that period. 5 (1) The members of the Agency are, at their first meeting and subsequently at the first meeting after each annual general meeting, to elect from among themselves a chair and a vice-chair. (2) If the chair or vice-chair resigns their office, ceases to be a member of the Agency or dies, the members of the Agency are, at their next meeting, to elect from among themselves a new chair or vice-chair, as the case may be, to hold office for the balance of the term. 6 The head office of the Agency is to be situated in the city of Ottawa, in Ontario. PART 2 Terms of the Plan Promotion and Research 7 The Agency is authorized to (a) promote the marketing and production of hogs and pork products for interprovincial, export and import trade; and (b) conduct and promote research activities related to those farm products. Budget and Business Program 8 The Agency must submit an annual budget to the Council for approval setting out the costs of the proposed business and activities of the Agency for a 12-month period, a business program that includes a detailed description of that business and those activities, and all relevant information to enable the Council to determine if (a) the proposed business and activities of the Agency are consistent with section 7 and with the object of the Agency as described in section 41 of the Act; and Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation SCHEDULE (b) any existing or proposed orders referred to in subsection 9(1) are necessary for the implementation or the administration of the plan. Levies and Charges 9 (1) For the purpose of the implementation or the administration of the plan, the Agency may, by order, impose levies or charges on persons who are engaged in (a) the marketing of hogs in interprovincial or export trade; and (b) the importation of hogs or pork products into Canada. (2) An order may designate any class of persons , specify the levies or charges, if any, payable by any person of each such class and provide for the manner of collection of the levies or charges. (3) The Agency must retain moneys received from the levies or charges imposed on persons who are engaged in the importation of hogs and pork products into Canada in a separate account. (4) Levies or charges imposed by order of the Agency that are unpaid 30 days after the date they are due become a debt payable to the Agency. (5) The Agency may, with the concurrence of a provincial pork association, appoint that association or any other person to collect on the Agency’s behalf the levies or charges imposed by order. (6) Levies or charges referred to in paragraphs (1)(a) and (b) must be fixed at levels that will produce in each year a sufficient return to the Agency to defray its estimated administrative and business program costs for the current year. Cooperation 10 The Agency must take all reasonable steps to promote a high degree of cooperation among its members, each provincial pork association and importers of hogs and pork products into Canada. Current to June 20, 2022 Canadian Pork Promotion-Research Agency Proclamation SCHEDULE Review of the Plan 11 (1) The Agency must hold a meeting within five years after the day on which this Proclamation comes into force, and every five years after that, for the purpose of reviewing the terms and effectiveness of the plan and determining whether any modifications are required to facilitate the carrying out of the Agency’s object as described in section 41 of the Act. (2) Within three months after the day on which the meeting referred to in subsection (1) takes place, the Agency must file a written report of its review and any recommendations for modifications with the Council. Section 42 of the Act — Powers 12 Nothing in this Part affects the vesting of the powers in the Agency set out in section 42 of the Act. Current to June 20, 2022

CONSOLIDATION Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations SOR/2004-150 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 Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations Interpretation Application Method of Calculation Current to June 20, 2022 ii Registration SOR/2004-150 June 4, 2004 HEALTH OF ANIMALS ACT Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations Whereas the Minister of Agriculture and Agri-Food considers that there is no readily available market for birds referred to in the annexed Regulations; Therefore, the Minister of Agriculture and Agri-Food, pursuant to section 55a of the Health of Animals Actb, hereby makes the annexed Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations. Ottawa, June 4, 2004 Robert Speller Minister of Agriculture and Agri-Food a S.C. 1997, c. 6, s. 71 b S.C. 1990, c. 21 Current to June 20, 2022 Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Health of Animals Act. (Loi) bird [Repealed, SOR/2005-113, s. 1] chicken means a female chicken broiler breeder or a chicken table egg layer. (poulet) control area means the area in British Columbia that is declared to be a control area under subsection 27(1) of the Act and in respect of which the Minister's declaration dated March 11, 2004 remains in effect. (région contrôlée) duck means a female duck breeder or a duck table egg layer. (canard) goose means a female goose breeder. (oie) SOR/2005-113, s. 1. Application 2 These Regulations apply in respect of chickens, ducks and geese destroyed in the control area under subsection 48(1) of the Act because of the outbreak of avian influenza. SOR/2005-113, s. 2. Method of Calculation 3 (1) For the purpose of paragraph 55(a) of the Act, the market value of a chicken is determined as follows: (a) in the case of a female chicken broiler breeder that is 25 weeks of age or younger or a chicken table egg layer that is 19 weeks of age or younger, in accordance with the formula B + [(A - B)/D]E (b) in the case of a female chicken broiler breeder that is older than 25 weeks of age or a chicken table egg Current to June 20, 2022 Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations Method of Calculation Sections 3-4 layer that is older than 19 weeks of age, in accordance with the formula A + [(C - A)/(F - D)](E - D) where A is the maximum amount with respect to a chicken under section 2 of the Compensation for Destroyed Animals Regulations; B is the value of a day-old female chicken broiler breeder or a day-old chicken table egg layer, as the case may be; C is the salvage value of the chicken; D is 25 weeks in the case of a female chicken broiler breeder and 19 weeks in the case of a chicken table egg layer; E is the age of the chicken, in weeks, when it was destroyed; and F is the length, in weeks, of the average production cycle of a female chicken broiler breeder or a chicken table egg layer, as the case may be. (2) The market value of a chicken shall not exceed the maximum amount with respect to a chicken under section 2 of the Compensation for Destroyed Animals Regulations. SOR/2005-113, s. 3. 4 (1) For the purpose of paragraph 55(a) of the Act, the market value of a duck is determined as follows: (a) in the case of a duck that is 22 weeks of age or younger, in accordance with the formula B + [(A - B)/D]E (b) in the case of a duck that is older than 22 weeks of age, in accordance with the formula A + [(C - A)/(F - D)](E - D) where A is $73.34 in the case of a female duck breeder and $37.51 in the case of a duck table egg layer; B is the value of a day-old female duck breeder or a day-old duck table egg layer, as the case may be; C is the salvage value of the duck; D is 22 weeks; E is the age of the duck, in weeks, when it was destroyed; and Current to June 20, 2022 Compensation for Certain Birds Destroyed in British Columbia (Avian Influenza) Regulations Method of Calculation Sections 4-5 F is the length, in weeks, of the average production cycle of a female duck breeder or a duck table egg layer, as the case may be. (2) Despite the Compensation for Destroyed Animals Regulations, the amount that is established for the purpose of subsection 51(3) of the Act as the maximum amount with respect to a duck is $73.34. SOR/2005-113, s. 3. 5 (1) For the purpose of paragraph 55(a) of the Act, the market value of a goose is determined as follows: (a) in the case of a goose that is 22 weeks of age or younger, in accordance with the formula B + [(A - B)/D]E (b) in the case of a goose that is older than 22 weeks of age, in accordance with the formula A + [(C - A)/(F - D)](E - D) where A is $149.59; B is the value of a day-old goose; C is the salvage value of the goose; D is 22 weeks; E is the age of the goose, in weeks, when it was destroyed; and F is the length, in weeks, of the average production cycle of a goose. (2) Despite the Compensation for Destroyed Animals Regulations, the amount that is established for the purpose of subsection 51(3) of the Act as the maximum amount with respect to a goose is $149.59. SOR/2005-113, s. 3. Current to June 20, 2022

CONSOLIDATION Canadian Nuclear Safety Commission By-laws SOR/2000-212 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 Canadian Nuclear Safety Commission By-laws Interpretation Application Signing Officers Secretary Meetings and Decisions Quorum Repeal Coming into Force Current to June 20, 2022 ii Registration SOR/2000-212 May 31, 2000 NUCLEAR SAFETY AND CONTROL ACT Canadian Nuclear Safety Commission By-laws The Canadian Nuclear Safety Commission, pursuant to section 15 of the Nuclear Safety and Control Acta, hereby makes the annexed Canadian Nuclear Safety Commission By-laws. Ottawa, May 31, 2000 a S.C. 1997, c. 9 Current to June 20, 2022 Canadian Nuclear Safety Commission Bylaws Interpretation 1 The definitions in this section apply in these By-laws. Act means the Nuclear Safety and Control Act. (Loi) Commission means the Canadian Nuclear Safety Commission established by section 8 of the Act. (Commission) meeting means a meeting of the members of the Commission or a panel held for the conduct of the Commission’s affairs. (réunion) member means a member of the Commission appointed under section 10 of the Act. (commissaire) panel means a panel of the Commission consisting of one or more members established by the President under section 22 of the Act. (formation) President means the President of the Commission designated under subsection 10(3) of the Act. (président) Secretary means the Secretary of the Commission appointed under section 16 of the Act. (secrétaire) Application 2 These By-laws apply to the management and conduct of the affairs of the Commission, including any panel, and to the procedures to be followed in proceedings other than those prescribed in the Canadian Nuclear Safety Commission Rules of Procedure. Signing Officers 3 If the President is absent or incapacitated or the office of President is vacant and the Commission has not designated a replacement under subsection 12(2) of the Act, the Secretary or, in the absence of the Secretary, a Director General, on behalf of the Commission, shall sign any transfer, assignment, contract, certificate, permit, licence, approval, order, direction or other instrument authorized to be issued or made by the Commission. Current to June 20, 2022 Canadian Nuclear Safety Commission By-laws Secretary Sections 4-14 Secretary 4 (1) The Secretary shall keep the corporate seal of the Commission and affix it to any record that the Commission directs. (2) The Secretary shall carry out the duties that are required by the President or under these By-laws. Meetings and Decisions 5 Meetings are convened by the Commission or by the President and are held at any time and place that the convenor determines. 6 Meetings are held in public or in closed session. 7 Notice of the time and place of a meeting shall be given to each member, and if the meeting is to be held in public, the notice shall be published in the manner that the Commission determines. 8 When urgent matters of business require it, a meeting may be convened without prior notice. 9 If a meeting is to be held in public, the Secretary shall make the meeting agenda publicly available at least 30 days before the meeting. 10 Failure to give proper or any notice of a meeting does not invalidate the meeting. 11 A meeting may be adjourned from time to time and from place to place, and those in attendance shall be notified of the time and place the meeting will be reconvened. 12 A member who participates at a meeting or in a decision of the Commission is deemed to have voted in the affirmative on any decision or action taken, or resolution or vote passed, unless the member enters a dissent or an abstention on the record. 13 The record of every meeting shall be approved at the next meeting. 14 If a meeting is held in public, the approved record of the meeting shall be made publicly available in the manner that the Commission determines. Current to June 20, 2022 Canadian Nuclear Safety Commission By-laws Quorum Sections 15-18 Quorum 15 Quorum for a meeting of the Commission is three members. 16 Quorum for a meeting of a panel is (a) for a panel of one or two members, one member; (b) for a panel of three or four members, two members; and (c) for a panel of more than four members, three members. Repeal 17 [Repeal] Coming into Force 18 These By-laws come into force on the day on which they are made by the Commission. Current to June 20, 2022

CONSOLIDATION Canada Pension Plan (Social Insurance Numbers) Regulations [Repealed, SOR/2017-120, s. 2] Current to June 20, 2022 Last amended on June 2, 2017 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. The last amendments came into force on June 2, 2017. 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 Last amended on June 2, 2017 TABLE OF PROVISIONS Regulations Respecting the Assigning of Social Insurance Numbers Current to June 20, 2022 Last amended on June 2, 2017 ii

CONSOLIDATION Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations SOR/2004-62 Current to June 20, 2022 Last amended on December 6, 2013 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. The last amendments came into force on December 6, 2013. 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 Last amended on December 6, 2013 TABLE OF PROVISIONS Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interpretation Determination of Population of a Province Calculation of Equalized Tax Transfer Interim Estimates Final Computation Coming into Force Current to June 20, 2022 Last amended on December 6, 2013 ii Registration SOR/2004-62 March 30, 2004 FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations P.C. 2004-331 March 30, 2004 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40a, of the Federal-Provincial Fiscal Arrangements Actb, hereby makes the annexed Canada Health Transfer and Canada Social Transfer Regulations. a S.C. 1999, c. 31, s. 93 b S.C. 1995, c. 17, s. 45(1) Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Federal-Provincial Fiscal Arrangements Act. (Loi) population of a province for a fiscal year means the population of a province for a fiscal year as determined in accordance with section 2. (population d’une province pour un exercice) taxation year means a taxation year within the meaning of the Income Tax Act. (année d’imposition) transfer payment means payment of the Canada Health Transfer, Canada Social Transfer or Wait Times Reduction Transfer under the Act, as the case may be. (paiement de transfert) SOR/2008-312, s. 2. Determination of Population of a Province 2 For the purposes of these Regulations and Part V.1 of the Act, the manner in which the Chief Statistician of Canada shall determine the population of a province for a fiscal year is by basing that determination on Statistics Canada’s official estimate of the population of the province on June 1 of that fiscal year. SOR/2008-312, s. 3; SOR/2013-224, s. 1. Calculation of Equalized Tax Transfer 3 (1) For the purposes of section 24.7 of the Act, the relevant revenue bases for a province for a fiscal year shall be determined as follows: (a) with respect to personal income taxes, by aggregating Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Calculation of Equalized Tax Transfer Sections 3-3.1 (i) 75% of the assessed federal individual income tax applicable to the province for the taxation year ending in the fiscal year, as determined by the Minister of National Revenue, and (ii) 25% of the assessed federal individual income tax applicable to the province for the taxation year beginning in the fiscal year, as determined by the Minister of National Revenue; and (b) with respect to corporation income taxes, by aggregating (i) 75% of the aggregate of taxable income earned in the taxation year in the province, as determined by the Minister of National Revenue under subsection 124(4) of the Income Tax Act, for all corporations having a taxation year ending in the calendar year that ends in the fiscal year, and (ii) 25% of the aggregate of taxable income earned in the taxation year in the province, as determined by the Minister of National Revenue under subsection 124(4) of the Income Tax Act, for all corporations having a taxation year ending in the calendar year that begins in the fiscal year. (2) to (4) [Repealed, SOR/2009-327, s. 1] SOR/2007-200, s. 1; SOR/2009-327, s. 1. 3.1 (1) For the purpose of subsection (2), national average rate of tax means, in respect of a revenue source for a fiscal year, the rate equal to the quotient obtained by dividing the aggregate of the federal income tax reduction for the revenue source for the fiscal year for all provinces, excluding the territories, by the revenue base for the revenue source for the fiscal year for all provinces, excluding the territories. (2) For the purposes of the calculation under subparagraph 24.7(1.2)(b)(ii) and paragraph 24.7(1.22)(a) of the Act, (a) per capita national yield of the federal income tax reduction for a revenue source for a fiscal year is determined by dividing the product of the national average rate of tax for the revenue source for the fiscal year and the aggregate revenue base of all provinces, excluding the territories, for the revenue source for the fiscal year by the population of all provinces, excluding the territories, for the fiscal year; and Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Calculation of Equalized Tax Transfer Sections 3.1-4 (b) per capita yield of the federal income tax reduction, in respect of a province for a revenue source for a fiscal year, is determined by dividing the product of the national average rate of tax for the revenue source for the fiscal year and the province’s revenue base for the revenue source for the fiscal year by the population of the province for the fiscal year. SOR/2009-327, s. 2. Interim Estimates 4 (1) The Minister (a) shall make an estimate of the amount of the transfer payment related to the Canada Health Transfer and the Canada Social Transfer to a province for each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2007, (i) before April 16 of that fiscal year, (ii) during the period beginning on September 1 and ending on October 12 of that fiscal year, (iii) during the period beginning on January 12 and ending on the last day of February of that fiscal year, (iv) during the period beginning on September 1 and ending on October 12 of the first fiscal year following the end of that fiscal year, (v) during the period beginning on January 12 and ending on the last day of February of the first fiscal year following the end of that fiscal year, (vi) during the period beginning on September 1 and ending on October 12 of the second fiscal year following the end of that fiscal year, and (vii) during the period beginning on January 12 and ending on the last day of February of the second fiscal year following the end of that fiscal year; (a.1) shall make an estimate of the amount of the transfer payment related to the Canada Health Transfer to a province for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2014, (i) during the period beginning on September 1 and ending on December 31 prior to that fiscal year, except for the fiscal year 2007–2008, Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interim Estimates Section 4 (i.1) during the period beginning on January 1 and ending on March 31 prior to the fiscal year, for the fiscal year 2007–2008, (ii) during the period beginning on September 1 and ending on October 12 of that fiscal year, (iii) during the period beginning on September 1 and ending on October 12 following the end of that fiscal year, and (iv) during the period beginning on September 1 and ending on October 12 of the second fiscal year following the end of that fiscal year; (a.11) shall make an estimate of the amount of the transfer payment related to the Canada Health Transfer to a province for each fiscal year beginning after March 31, 2014, (i) during the period beginning on September 1 and ending on December 31 prior to that fiscal year, and (ii) during the period beginning on September 1 and ending on October 12 of that fiscal year; (a.2) shall make an estimate of the amount of the transfer payment related to the Canada Social Transfer to a province for each fiscal year beginning after March 31, 2007, (i) during the period beginning on September 1 and ending on December 31 prior to that fiscal year, except for the fiscal year 2007–2008, (i.1) during the period beginning on January 1 and ending on March 31 prior to the fiscal year, for the fiscal year 2007–2008, and (ii) during the period beginning on September 1 and ending on October 12 of that fiscal year; (a.3) shall make an estimate of the amount of the transfer payment related to the Wait Times Reduction Transfer to a province for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014, during the period beginning on September 1 and ending on December 31 prior to that fiscal year; (b) shall, if there is new information available that may have a significant effect on the amount of the transfer payment related to the Canada Health Transfer or Canada Social Transfer to a province, alter an estimate of the amount of the Canada Health Transfer or Canada Social Transfer payment to be made to each province for any of the fiscal years specified in paragraphs (a) to (a.2) Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interim Estimates Section 4 (i) during the second quarter of that fiscal year, (ii) during March of that fiscal year, and (iii) during any period beginning on the first day of the final month of a quarter and ending on the twelfth day of the subsequent quarter, other than the periods specified in paragraphs (a) to (a.2), following the end of the fiscal year, until such time as the final computation under subsection 5(2) is completed; and (c) shall, if there is new information available that may have a significant effect on the amount of the transfer payment related to the Wait Times Reduction Transfer to a province, alter an estimate of the amount of the Wait Times Reduction Transfer payment to be made to each province for any of the fiscal years specified in paragraph (a.3) during any period beginning on the first day of the final month of a quarter and ending on the 12th day of the subsequent quarter, until such time as the final computation under subsection 5(2) is completed. (1.1) Despite subsection (1), the Minister is not required to make the estimates referred to in subparagraphs (1)(a.1)(iii) and (iv) in respect of the amount of the transfer payment related to the Canada Health Transfer for the fiscal year 2009-2010. (2) If an estimate made under any of subparagraphs (1)(a)(i), (a.1)(i) or (i.1), (a.11)(i) or (a.2)(i) or (i.1) or paragraph (a.3) establishes that a transfer payment is to be made to a province for a fiscal year, the Minister shall pay to the province, on account of the final payment for the fiscal year, an amount equal to 1/24 of the amount so estimated on the first and 3rd working days after the 15th calendar day of each month in that fiscal year. (3) If an estimate made under any of subparagraphs (1)(a)(ii) or (iii), (a.1)(ii), (a.11)(ii), (a.2)(ii) or (b)(i) or paragraph (c) establishes that the amount payable to the province under the immediately preceding estimate for that fiscal year should be revised, the Minister shall (a) if any amount remains payable to the province, adjust the remaining payments referred to in subsection (2) in respect of that fiscal year in accordance with the new estimate, beginning with the first payment in the Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interim Estimates Section 4 month following the month during which that estimate was calculated; and (b) if an overpayment has been made to the province, recover the amount of the overpayment before the end of the fiscal year. (4) If an estimate made under any of subparagraphs (1)(a)(iv) to (vii), (a.1)(iii) or (iv) or (b)(iii) establishes that (a) an underpayment has been made to the province, the Minister shall pay the amount of the underpayment to the province within the four months following the month during which the estimate was made; and (b) an overpayment has been made to the province, the Minister shall recover the amount of the overpayment within the four months following the month during which the estimate was made. (5) If an estimate made under subparagraph (1)(b)(ii) establishes that the amount payable to the province under the immediately preceding estimate in respect of that fiscal year should be revised, the Minister shall (a) if any amount remains payable to the province, pay to the province the amount in the month during which the estimate was made or, if the province so requests, pay the province that amount within the four months following the month during which the estimate was made; and (b) if an overpayment has been made to the province, recover the amount of the overpayment in the month during which the estimate was made or, if the province so requests, recover the amount within the four months following that month. (6) If an estimate establishes that an overpayment has been made to a province in respect of a fiscal year, the Minister may, subject to paragraph (3)(b), (4)(b) or (5)(b), recover the amount of the overpayment (a) from any amount payable to the province under the Act; or (b) from the province as a debt due to Her Majesty in right of Canada. (7) For the purpose of making an estimate under subsection (1), the population of a province for a fiscal year is the population of that province on June 1 of that fiscal year as estimated by the Minister on the basis of population statistics made available to the Minister by the Chief Statistician of Canada. Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Interim Estimates Sections 4-5 (8) The requirement set out in paragraph (1)(b) does not apply to any estimate made in respect of the amount of the transfer payment related to the Canada Health Transfer for the fiscal year 2009-2010. SOR/2007-200, s. 2; SOR/2008-312, s. 4; SOR/2009-327, s. 3; SOR/2013-224, s. 2. Final Computation 5 (1) In respect of each fiscal year referred to in subsection (1.1), the Chief Statistician of Canada shall prepare and submit to the Minister, within the period set out in that subsection, a certificate in respect of that fiscal year based on the most recent information prepared by Statistics Canada for that fiscal year, setting out, in respect of each province, the population of the province for the fiscal years required by the Act. (1.1) The Chief Statistician of Canada shall prepare the certificate for the following transfer payments and fiscal years and shall submit the certificate to the Minister within the periods set out below: (a) for the Canada Health Transfer, (i) in respect of each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2014, not later than 30 months after the end of that fiscal year, and (ii) in respect of each fiscal year beginning after March 31, 2014, not later than six months after the end of that fiscal year; (b) for the Canada Social Transfer (i) in respect of each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2007, not later than 30 months after the end of that fiscal year, and (ii) in respect of each fiscal year beginning after March 31, 2007, not later than six months after the end of that fiscal year; and (c) for the Wait Times Reduction Transfer for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014, not later than six months before the end of that fiscal year. (2) Within 30 days after the receipt by the Minister of the certificate submitted by the Chief Statistician of Canada under subsection (1) in respect of a fiscal year, the Minister shall make the final computation on the basis of the Current to June 20, 2022 Last amended on December 6, 2013 Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations Final Computation Sections 5-6 information contained in that certificate of the amount, if any, of the transfer payment that is payable for that fiscal year under the Act to a province, and the Minister shall subsequently furnish each province with tables setting out the details of that computation. (2.1) Despite subsection (2), the Minister is not required to make the final computation of the amount of the transfer payment related to the Canada Health Transfer for the fiscal year 2009-2010. (3) If a final computation made under subsection (2) establishes that there remains an amount payable to a province for a fiscal year, the Minister shall (a) in the case of the Canada Health Transfer or the Canada Social Transfer, pay to the province the amount; and (b) in the case of the Wait Times Reduction Transfer, adjust the remaining payments referred to in subsection 4(2) for that fiscal year in accordance with the final computation, beginning with the first payment in the month after the month during which that final computation was calculated. (4) If a final computation made under subsection (2) establishes that an overpayment has been made to a province in respect of a fiscal year, the Minister shall recover the amount of the overpayment (a) from any amount payable to the province under the Act; or (b) from the province as a debt due to Her Majesty in right of Canada. SOR/2007-200, s. 3; SOR/2008-312, s. 5; SOR/2009-327, s. 4; SOR/2013-224, s. 3. Coming into Force 6 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on December 6, 2013

CONSOLIDATION Cheese Stabilization Regulations, 1983-84 [Repealed, SOR/2017-84, s. 1] Current to June 20, 2022 Last amended on May 5, 2017 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. The last amendments came into force on May 5, 2017. 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 Last amended on May 5, 2017 TABLE OF PROVISIONS Regulations Respecting the Stabilization of the Price of Cheese Marketed During the Period Commencing on August 1, 1983 and Ending on July 31, 1984 Current to June 20, 2022 Last amended on May 5, 2017 ii

CONSOLIDATION Certain Refractory Products Remission Order SOR/2001-226 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 Certain Refractory Products Remission Order Remission Conditions Coming into Force Current to June 20, 2022 ii Registration SOR/2001-226 June 14, 2001 CUSTOMS TARIFF Certain Refractory Products Remission Order P.C. 2001-1145 June 14, 2001 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs Tariffa, hereby makes the annexed Certain Refractory Products Remission Order. a S.C. 1997, c. 36 Current to June 20, 2022 Certain Refractory Products Remission Order Remission 1 Subject to section 2, remission is hereby granted of the customs duties paid or payable under the Customs Tariff in respect of refractory bricks, blocks, tiles, and similar refractory constructional products, of heading No. 68.10 or 68.15, employed in the production of metallurgical coke, iron and steel. Conditions 2 The remission is granted on condition that (a) the refractory products in question were imported into Canada during the period commencing on February 1, 1997, and ending on the day that this Order comes into force; (b) a claim for remission is made to the Minister of National Revenue within two years after the date on which this Order comes into force; and (c) the importer files such evidence as may be required by the Canada Customs and Revenue Agency to determine eligibility for remission. Coming into Force 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION CCFTA Remission Order, 2003 SOR/2003-72 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 CCFTA Remission Order, 2003 1 Interpretation Remission Condition Coming into Force Current to June 20, 2022 ii Registration SOR/2003-72 February 20, 2003 CUSTOMS TARIFF CCFTA Remission Order, 2003 P.C. 2003-219 February 20, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs Tariffa, hereby makes the annexed CCFTA Remission Order, 2003. a S.C. 1997, c. 36 Current to June 20, 2022 CCFTA Remission Order, 2003 Interpretation 1 In this Order goods means goods that would have been eligible for the Chile Tariff rate of duty as of December 31, 1997 had they been imported on that date, but are not eligible for that rate of duty if imported on or after January 1, 2003. Remission 2 Subject to section 3, remission is hereby granted of the customs duties paid or payable under the Customs Tariff on goods imported during the period commencing on January 1, 2003, and ending on December 31, 2004, in an amount equal to the difference between (a) the customs duties paid or payable at the MostFavoured-Nation Tariff rate or the General Preferential Tariff rate of duty for that good, as the case may be, under the Customs Tariff and the regulations made under it, as they read on January 1, 2003, and (b) the customs duties that would be payable at the Chile Tariff rate of duty for that good, as if that good qualified for that rate of duty, under the Customs Tariff and the regulations made under it, as they read on January 1, 2003. Condition 3 Remission is granted on condition that a claim for remission is made to the Minister of National Revenue within four years after the day on which the goods are imported. Coming into Force 4 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order SOR/2017-263 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 Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order Application Coming into Force Current to June 20, 2022 ii Registration SOR/2017-263 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order Whereas the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect land that is under the authority of the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, and, pursuant to subsection 58(9) of that Act, has consulted her with respect to the annexed Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order. Ottawa, November 30, 2017 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order Le ministre des Pêc Dominic Minister of Fishe Current to June 20, 2022 Critical Habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Beluga Whale (Delphinapterus leucas) St. Lawrence Estuary population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in the Île aux Basques Bird Sanctuary as described in Part V of the schedule to the Migratory Bird Sanctuary Regulations or in the Îles de l’Estuaire National Wildlife Area as described in Part III of Schedule I to the Wildlife Area Regulations. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Convention Refugee Determination Division Rules [Repealed, SOR/2012-256, s. 72] Current to June 20, 2022 Last amended on December 15, 2012 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. The last amendments came into force on December 15, 2012. 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 Last amended on December 15, 2012 TABLE OF PROVISIONS Rules Governing the Activities of, and the Practice and Procedure in, the Convention Refugee Determination Division of the Immigration and Refugee Board Current to June 20, 2022 Last amended on December 15, 2012 ii

CONSOLIDATION Civil Remedies (Banks and Bank Holding Companies) Regulations SOR/2006-299 Current to June 20, 2022 Last amended on December 19, 2012 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. The last amendments came into force on December 19, 2012. 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 Last amended on December 19, 2012 TABLE OF PROVISIONS Civil Remedies (Banks and Bank Holding Companies) Regulations 1 Interpretation Civil Remedies Coming into Force SCHEDULE Current to June 20, 2022 Last amended on December 19, 2012 ii Registration SOR/2006-299 November 28, 2006 BANK ACT Civil Remedies (Banks and Bank Holding Companies) Regulations P.C. 2006-1424 November 28, 2006 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 271(1)a, (3)a and (6)a and 978(1)b of the Bank Actc, hereby makes the annexed Civil Remedies (Banks and Bank Holding Companies) Regulations. a S.C. 2005, c. 54, s. 57 b S.C. 2005, c. 54, s. 135 c S.C. 1991, c. 46 Current to June 20, 2022 Last amended on December 19, 2012 Civil Remedies (Banks and Bank Holding Companies) Regulations Interpretation 1 In these Regulations, Act means the Bank Act. Civil Remedies 2 For the purpose of paragraph 271(1)(d) of the Act, the prescribed percentage of voting rights attached to all of the bank’s or bank holding company’s outstanding shares is 10%. 2.1 For the purpose of subsection 271(1.1) of the Act, the prescribed percentage of the membership shares of the federal credit union is 10%. SOR/2012-269, s. 16. 3 For the purpose of subsection 271(3) of the Act, takeover bid means a take-over bid under any legislation that is set out in column 2 of the schedule. 4 For the purpose of paragraph 271(6)(c) of the Act, the prescribed circumstances are that the insider (a) entered into the purchase or sale of the security as an agent pursuant to a specific unsolicited order to purchase or sell; (b) made the purchase or sale of the security pursuant to participation in an automatic dividend reinvestment plan, share purchase plan or other similar automatic plan that the insider entered into before the acquisition of the confidential information; (c) made the purchase or sale of the security to fulfil a legally binding obligation that the insider entered into before the acquisition of the confidential information; or (d) purchased or sold the security as agent or trustee in the circumstances described in paragraph (b) or (c). Current to June 20, 2022 Last amended on December 19, 2012 Civil Remedies (Banks and Bank Holding Companies) Regulations Coming into Force Section 5 Coming into Force 5 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on December 19, 2012 Civil Remedies (Banks and Bank Holding Companies) Regulations SCHEDULE SCHEDULE (Section 3) TAKE-OVER BID Column 1 Column 2 Item Jurisdiction Legislation Ontario the definition take-over bid in subsection 89(1) of the Securities Act, R.S.O. 1990, c. S.5, as amended from time to time Quebec the definition take-over bid in section 110 of the Securities Act, R.S.Q., c. V-1.1, as amended from time to time Nova Scotia the definition take-over bid in paragraph 95(1)(l) of the Securities Act, R.S.N.S. 1989, c. 418, as amended from time to time New Brunswick the definition take-over bid in subsection 106(1) of the Securities Act, S.N.B. 2004, c. S-5.5, as amended from time to time Manitoba the definition take-over bid in subsection 80(1) of The Securities Act, C.C.S.M., c. S50, as amended from time to time British Columbia the definition take over bid in subsection 92(1) of the Securities Act, R.S.B.C. 1996, c. 418, as amended from time to time Saskatchewan the definition take-over bid in paragraph 98(1)(j) of The Securities Act, 1988, S.S. 1988-89, c. S-42.2, as amended from time to time Alberta the definition take-over bid in paragraph 158(1)(r) of the Securities Act, R.S.A. 2000, c. S-4, as amended from time to time Newfoundland and Labrador the definition take-over bid in paragraph 90(1)(l) of the Securities Act, R.S.N.L. 1990, c. S-13, as amended from time to time Yukon the definition take-over bid in section 196 of the Business Corporations Act, R.S.Y. 2002, c. 20, as amended from time to time Northwest Territories the definition take-over bid in section 196 of the Business Corporations Act, S.N.W.T. 1996, c. 19, as amended from time to time Nunavut the definition take-over bid in section 196 of the Business Corporations Act (Nunavut), S.N.W.T. 1996, c. 19, as amended from time to time Current to June 20, 2022 Last amended on December 19, 2012

CONSOLIDATION Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order SOR/2021-12 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 Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2021-12 February 8, 2021 SPECIES AT RISK ACT Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order Whereas the Fernald’s Braya (Braya fernaldii) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the action plan that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Whereas, pursuant to subsection 58(5) of that Act, the competent minister must consult with every other competent minister and whereas the Minister of the Environment is also the Minister responsible for the Parks Canada Agency; And whereas the Minister of the Environment is of the opinion that the annexed Order would affect land that is under the authority of the Minister of Fisheries and Oceans and, pursuant to subsection 58(9) of that Act, has consulted with that Minister with respect to the Order; Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order. Gatineau, February 5, 2021 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order Le ministre de l’ Jonathan Minister of the Current to June 20, 2022 Critical Habitat of the Fernald’s Braya (Braya fernaldii) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Fernald’s Braya (Braya fernaldii), which is identified in the action plan for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Canadian International Trade Tribunal Regulations SOR/89-35 Current to June 20, 2022 Last amended on July 1, 2020 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. The last amendments came into force on July 1, 2020. 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 Last amended on July 1, 2020 TABLE OF PROVISIONS Canadian International Trade Tribunal Regulations Interpretation 3.1 Quorum Factors to Be Examined Current to June 20, 2022 Last amended on July 1, 2020 ii Registration SOR/89-35 December 27, 1988 CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT Canadian International Trade Tribunal Regulations P.C. 1988-2803 December 22, 1988 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40 of the Canadian International Trade Tribunal Act*, is pleased hereby to make the annexed Regulations respecting the Canadian International Trade Tribunal. * S.C. 1988, c. 56 Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations 1 [Repealed, SOR/2017-143, s. 2] Interpretation 2 In these Regulations, “Act” means the Canadian International Trade Tribunal Act. (Loi) 3 For the purposes of the Act, domestic production means the value or the volume of like or directly competitive goods produced in Canada; (production nationale) like or directly competitive goods means (a) goods that are identical in all respects to the goods that are the subject of a complaint, or (b) in the absence of any identical goods referred to in paragraph (a), goods the uses and other characteristics of which closely resemble those goods that are the subject of a complaint; (marchandises similaires ou directement concurrentes) other interested party, for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 30.06(3), 30.07(2) and (3), 30.09(2), 30.3(2) and 30.31(4) and paragraph 30.32(a) of the Act, means (a) a domestic producer, (a.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods, or an association that includes such trade unions, (b) an exporter to Canada or importer into Canada of like or directly competitive goods, (c) an association of, or that includes, domestic producers, exporters or importers in Canada of like or directly competitive goods, (d) an association whose purpose includes to advocate for consumer interests in Canada, Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations Interpretation Sections 3-3.2 (e) the government of any country, mentioned in the report, complaint or extension request referred to in the relevant subsection, or in respect of which the inquiry referred to in the relevant subsection is held, as the case may be, and (f) any other person who, because that person’s rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal. (autres intéressés) SOR/93-600, s. 1; SOR/95-12, s. 1; SOR/97-66, s. 1; SOR/97-324, s. 1; SOR/2002-347, s. 1; SOR/2006-160, s. 1; SOR/2018-88, s. 15. Quorum 3.1 For the purposes of reviewing and reporting on developments and providing advice pursuant to section 19.02 of the Act, the Chairman may determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions. SOR/95-27, s. 1. 3.2 In order to provide for the efficient management of the resources and caseload of the Tribunal, the Chairman may, taking into account the complexity and precedential nature of the matter at issue, determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions for the purposes of: (a) conducting inquiries and reporting on requests for textile tariff relief in respect of the Reference made by the Minister to the Tribunal on July 6, 1994 pursuant to section 19 of the Act; (b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to the Customs Act or the Special Import Measures Act; (c) hearing, determining and dealing with any appeal made to the Tribunal pursuant to section 81.19 of the Excise Tax Act in respect of an application for a rebate under section 120 of that Act; or (d) making an order under any of section 75.3 and subsections 75.4(8) and 75.6(7) of the Special Import Measures Act. SOR/95-27, s. 1; SOR/96-229, s. 1; SOR/2018-88, s. 16. Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations Factors to Be Examined Section 4 Factors to Be Examined 4 (1) For the purposes of commencing an inquiry under subsection 26(1), 30.07(1), 30.22(3), 30.23(3) or 30.25(7) of the Act, the Tribunal shall, to determine whether paragraph 26(1)(b), 30.07(1)(b), 30.22(3)(b), 30.23(3)(b) or 30.25(7)(b) of the Act, as the case may be, has been satisfied, examine whether a domestic producer is (a) in reality, a domestic producer who produces in Canada like or directly competitive goods; (b) related to an exporter or importer of like or directly competitive goods; and (c) also an importer or exporter of like or directly competitive goods. (1.1) For the purposes of commencing an inquiry under subsection 30.01(4), 30.011(5) or 30.012(6) of the Act, the Tribunal shall take into account the factors referred to in paragraphs (1)(a) to (c). (2) For the purposes of paragraph (1)(b), an importer or exporter and a domestic producer are related to each other if (a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act; (b) one is an officer or director of the other; (c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations; (d) they are partners; (e) one is the employer of the other; (f) they directly or indirectly control or are controlled by the same person; (g) one directly or indirectly controls or is controlled by the other; (h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or (i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other. SOR/93-600, s. 2; SOR/95-12, s. 2; SOR/97-66, s. 2; SOR/97-324, s. 2; SOR/2002-347, s. 2; SOR/2006-160, s. 2. Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations Factors to Be Examined Sections 4-5 5 (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal under paragraph 20(2)(a) of the Act or an inquiry into a complaint referred to in subsection 27(1) or 30.28(1) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that provision, the Tribunal shall examine, among other factors, (a) the actual volume of the goods imported into Canada; (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada. (2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods. (3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b), (a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and (b) whether the effect of the importation into Canada of the goods has been (i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or (ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada. (4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations Factors to Be Examined Sections 5-5.2 return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments. SOR/93-600, s. 3; SOR/95-12, s. 3; SOR/97-66, s. 3; SOR/97-324, s. 3; SOR/2010-24, s. 1; SOR/2011-134, s. 1; SOR/2012-182, s. 1; SOR/2013-53, s. 1; SOR/2014-222, s. 1; SOR/ 2014-302, s. 1; SOR/2017-143, s. 3; SOR/2020-67, s. 1. 5.1 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(a) of the Act or an inquiry into a complaint referred to in subsection 30.22(6) of the Act, whether the goods originating in the People’s Republic of China that are the subject of the reference or complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Tribunal shall examine, among other factors, (a) the actual volume of the goods originating in the People’s Republic of China that are imported into Canada; (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada. SOR/2002-347, s. 3. 5.2 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(b) of the Act or an inquiry into a complaint referred to in subsection 30.23(6) of the Act, whether an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Tribunal shall examine, among other factors and to the extent that evidence is reasonably available to support such examination, (a) the actual or imminent increase in market share of goods originating in the People’s Republic of China in Canada; (b) the nature or extent of the action; (c) the actual or imminent increase in the importation of goods originating in the People’s Republic of China that is due to the action; (d) the conditions of supply and demand in the domestic market for the like or directly competitive goods; and Current to June 20, 2022 Last amended on July 1, 2020 Canadian International Trade Tribunal Regulations Factors to Be Examined Sections 5.2-7 (e) the volume of the goods originating in the People’s Republic of China that are imported into Canada and into any WTO Member taking an action. SOR/2002-347, s. 3. 6 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether an order continues to be necessary to prevent or remedy serious injury, the Tribunal shall review recent developments in the domestic and world markets relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5. SOR/95-12, s. 4. 6.1 For the purpose of determining, during an inquiry referred to in subsection 30.25(10) of the Act, whether the order referred to in subsection 30.25(1) of the Act continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Tribunal shall review recent developments in the domestic market and in the market of the People’s Republic of China relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.1. SOR/2002-347, s. 4. 7 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether there is evidence that domestic producers of like or directly competitive goods are adjusting, the Tribunal shall take into account evidence of measures undertaken or planned by domestic producers of like or directly competitive goods, such as measures to (a) increase productivity; (b) improve the product, its marketing or its servicing; or (c) rationalize production. SOR/95-12, s. 4. Current to June 20, 2022 Last amended on July 1, 2020

CONSOLIDATION CRTC Telecommunications Rules of Procedure [Repealed, SOR/2010-277, s. 79] Current to June 20, 2022 Last amended on April 1, 2011 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. The last amendments came into force on April 1, 2011. 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 Last amended on April 1, 2011 TABLE OF PROVISIONS Rules Of Procedure of the Canadian Radio-Television and Telecommunications Commission in regard to Telecommunications Proceedings Current to June 20, 2022 Last amended on April 1, 2011 ii

CONSOLIDATION Commissioner’s Standing Orders (Disciplinary Action) [Repealed, SOR/2014-293, s. 11] Current to June 20, 2022 Last amended on November 28, 2014 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. The last amendments came into force on November 28, 2014. 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 Last amended on November 28, 2014 TABLE OF PROVISIONS Rules Respecting Disciplinary Action in the Royal Canadian Mounted Police Current to June 20, 2022 Last amended on November 28, 2014 ii

CONSOLIDATION Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SOR/93-516 Current to June 20, 2022 Last amended on June 30, 2021 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. The last amendments came into force on June 30, 2021. 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 Last amended on June 30, 2021 TABLE OF PROVISIONS Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance Current to June 20, 2022 Last amended on June 30, 2021 ii Registration SOR/93-516 November 2, 1993 CANADA DEPOSIT INSURANCE CORPORATION ACT Canada Deposit Insurance Insurance Policy By-law Corporation Deposit The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g)* and subsection 18(3) of the Canada Deposit Insurance Corporation Act, hereby makes the annexed Bylaw prescribing the form and provisions of the policy of deposit insurance of the Canada Deposit Insurance Corporation. October 27, 1993 * R.S., c. 18 (3rd Supp.), s. 51 Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law 1 For the purpose of subsection 18(3) of the Canada Deposit Insurance Corporation Act, the provisions set out in the schedule are prescribed as the provisions of the policy of deposit insurance. SOR/2008-293, s. 2. 2 [Repealed, SOR/2008-293, s. 2] Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance SCHEDULE (Section 1) Provisions of the Policy of Deposit Insurance General 1 [Repealed, SOR/2008-293, s. 5] 2 (1) In this policy, Act means the Canada Deposit Insurance Corporation Act; (Loi) affiliate [Repealed, SOR/2002-117, s. 2] appropriate, in relation to a thing so described, means that a knowledgeable individual in the financial institutions industry would conclude that it is suitable for its intended purpose, having regard to the nature, magnitude, complexity and implications of the matter in question; (adéquat) beneficial ownership includes ownership through one or more trustees, legal representatives, agents or other intermediaries; (véritable propriétaire) body corporate means an incorporated body wherever or however incorporated; (personne morale) business plan means, in respect of a specified time period, (a) the member institution’s business objectives and a description of the short-term and long-term strategies for achieving those objectives, (b) the member institution’s market strategy, including a description of the geographic area served by the member institution, and the scope and nature of its business (e.g., types of products offered, volume of deposit-taking business, details of lending and investment objectives), (c) a detailed forecast that includes pro-forma financial statements that cover the specified time period and that identifies the assumptions made in the preparation of the forecast, and (d) an explanation of the relation between the business background and expertise of each officer and the business objectives of the member institution; (plan d’entreprise) Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance effective, in relation to a thing so described, means that a knowledgeable individual in the financial institutions industry would conclude that it is achieving, or can reasonably be expected to achieve, its intended purpose; (efficace) entity has the same meaning as in section 2 of the Bank Act; (entité) examiner has the same meaning as in subsection 1(1) of the Canada Deposit Insurance Corporation Differential Premiums By-law; (inspecteur) financial statements includes a balance sheet, a statement of retained earnings, an income statement and a statement of changes in financial position; (états financiers) forecast means information in respect of prospective results of operations and the financial position or changes in the financial position of an entity, based on assumptions made in respect of future economic conditions and planned courses of action for a specified period, given management’s judgment as to the most probable set of economic conditions; (prévisions) group entity means, in respect of a member institution, (a) an entity in which the member institution or any of its subsidiaries or affiliates holds, directly or indirectly, an ownership interest of 10 % or more, or (b) a business enterprise that the member institution or any of its subsidiaries or affiliates operates with other persons for profit, including a joint venture or a special purpose vehicle; (entité du groupe) influence [Repealed, SOR/2002-117, s. 2] officer means, in respect of an entity, a chief executive officer, president, vice-president, secretary, controller, treasurer, chief financial officer or general manager or any other natural person who performs functions similar to those normally performed by an individual occupying one of those offices; (dirigeant) person means a natural person, an entity or a personal representative; (personne) prescribed information means the following information: (a) the category in which the member institution is classified under the Canada Deposit Insurance Corporation Differential Premiums By-law, Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance (b) the premium rate assigned to the member institution under that By-law, (c) the total score assigned to the member institution under that By-law, (d) any score assigned to the member institution in respect of quantitative factors or qualitative factors or criteria under that By-law, (e) any rating assigned by the examiner to the member institution to assess its financial condition, (f) [Repealed, SOR/2005-115, s. 1] (g) any stage of intervention assigned to the member institution as a result of its assessment in accordance with the Guide to Intervention for Federal Financial Institutions, and (h) any other information that is given to the member institution with respect to qualitative factors or criteria by the Corporation or by the regulator or examiner and that would, alone or when combined with other information, permit the determination of the score assigned to the member institution in respect of any of those qualitative factors or criteria under the By-law referred to in paragraph (a); (renseignements prévus par la police) prudent, in relation to a thing so described, means that a knowledgeable individual in the financial institutions industry would conclude that it is the product of the exercise of careful and practical judgment, having regard to business objectives, risks, the business and economic environment and the sustainability of earnings and capital; (prudent) regulatory authority means a supervisory or regulatory authority of financial institutions, capital markets, securities transactions or commodity futures that has jurisdiction over the member institution; (organisme de réglementation) resolution means the exercise by the Corporation of its powers under the Act for the purpose of resolving financial or other difficulties of a member institution; (règlement) resolution plan means a plan prepared for the purpose of implementing, in whole or in part, a resolution in respect of a member institution; (plan de règlement) Return of Insured Deposits means the return of insured deposits in the form required by the Corporation; (Déclaration des dépôts assurés) Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance subsidiary, where used to indicate a relationship between one body corporate and another, means a body corporate that is controlled by that other body corporate. (filiale) (2) to (5) [Repealed, SOR/2002-117, s. 2] Insurance 3 The Corporation insures the deposits of the member institution to the extent provided for in the Act, the bylaws and this policy. 4 [Repealed, SOR/2002-117, s. 3] 5. and 6 [Repealed, SOR/2008-293, s. 6] Conditions 7 All provisions of this policy shall be considered to be conditions of this policy. 8 (1) The member institution shall comply with the Act, any other applicable Act, any applicable by-law, the incorporating instrument of the member institution, any undertaking that it has given to the Corporation and any agreement it has made with the Corporation. (2) The member institution shall have appropriate, effective and prudent (a) practices with respect to corporate governance, risk management and liquidity and capital management; and (b) controls in respect of its operations. Premiums 9 (1) The member institution shall, if required to do so under the Canada Deposit Insurance Corporation Differential Premiums By-law, submit to the Corporation the declaration referred to in section 7 of that By-law and the Reporting Form and the documents referred to in subsection 15(1) of that By-law within the time required by that By-law. (1.1) Subject to subsection (2), the member institution shall, in accordance with section 21 of the Act, pay to the Corporation an annual premium calculated in Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance accordance with that section and payable at the times specified in subsection 22(2) of the Act. (2) The member institution shall, in accordance with subsection 23(1) of the Act, pay to the Corporation the premium for the premium year in which it becomes a member institution calculated in accordance with that subsection and payable at the times specified in subsection 23(2) of the Act. 10 (1) The member institution shall complete and certify a Return of Insured Deposits and submit that Return to the Corporation on July 15 of each year or at any other time that the Corporation may require. (2) When making the calculations for the purposes of subsections 21(1) and 23(1) of the Act, the member institution shall determine or estimate the aggregate amount of insured deposits by using a method set out in the Return of Insured Deposits. 10.1 (1) Subject to subsection (2), the member institution shall not, directly or indirectly, disclose prescribed information. (2) A member institution may disclose prescribed information to its affiliates, directors, officers or other employees, auditors or legal counsel if the member institution ensures that the prescribed information remains confidential. 10.2 Section 10.1 does not apply in respect of (a) the rating referred to in paragraph (e) of the definition prescribed information in subsection 2(1), if the examiner has communicated the rating directly to the member institution without prohibiting its disclosure; or (b) information referred to in paragraph (h) of the definition prescribed information in subsection 2(1), if the examiner has communicated the information directly to the member institution without prohibiting its disclosure. 11 In accordance with section 25 of the Act, the member institution shall pay any interest that is charged by the Corporation on the unpaid amount of any premium instalment not paid on or before the due date of that instalment, which interest shall accrue from and including the due date to but excluding the date of payment. 12 In accordance with subsection 25.1(1) of the Act, the member institution shall pay to the Corporation any premium surcharge assessed by the Corporation, the Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance amount of which shall be determined in accordance with subsection 25.1(2) of the Act. 13 In accordance with section 25 and subsection 25.1(3) of the Act, the member institution shall pay any interest that is charged by the Corporation on the unpaid amount of any premium surcharge, which interest shall accrue from and including the due date to but excluding the date of payment. 14 (1) Where the member institution, or the Corporation or person making an examination or inspection under the Act, a by-law or this policy, discovers an error in a Return of Insured Deposits, the member institution shall without delay complete and file with the Corporation an amended Return of Insured Deposits certified by the member institution. (2) Where, based on an amended Return of Insured Deposits, the Corporation determines that an additional amount of premium or premium surcharge should have been paid, the member institution shall pay to the Corporation (a) the additional amount without delay; and (b) any interest on that amount that is charged by the Corporation in accordance with section 25 of the Act, which interest shall accrue from and including the due date to but excluding the date of payment. Information 15 (1) The member institution shall provide to the Corporation, not later than 120 days after the end of each financial year of the member institution, (a) financial statements for that financial year that are (i) prepared on a consolidated basis and contain comparative information in respect of the immediately preceding financial year, (ii) approved by the board of directors of the member institution, and (iii) audited; (b) a current list of the subsidiaries and affiliates of the member institution; and (c) a current list of each of its directors and officers and their titles or offices, together with their business addresses, including email addresses, and their business telephone numbers. Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance (2) The member institution shall, if requested by the Corporation, provide to the Corporation a current list of its directors and officers and those of its subsidiaries, affiliates and group entities, and their titles or offices, together with their business addresses, including email addresses, and their business and personal telephone numbers, not later than 30 days after the day on which the request is received. 16 Where requested by the Corporation for the purpose of monitoring or assessing the compliance of the member institution with the Act, the by-laws or this policy or where the Corporation considers it to be necessary or desirable in furtherance of its objects, the member institution shall provide to the Corporation (a) without delay, financial statements of the member institution or of any of its subsidiaries, for the period specified, prepared on a consolidated or unconsolidated basis and including a balance sheet for each of its foreign branches, if any; (b) without delay, a statement certified by an officer of the member institution, that sets out (i) a profile and analysis of insured deposits, (ii) a profile and analysis of uninsured deposits, (iii) the number, amounts and sources of all deposits that are, in whole or in part, to the knowledge of the member institution, received or held as the result of the services of a person who carries on business as an agent or broker in the solicitation or placement of deposits on behalf of one or more member institutions or actual or prospective depositors, (iv) a detailed description of the system that is used by the member institution to compile information on insured deposits and of that which is used to compile information on uninsured deposits, (iv.1) a detailed description of the accounting and information systems and the procedures and controls used by the member institution with respect to deposit liabilities, including the manner in which the member institution identifies depositors for the purpose of calculating insured deposits, and (v) a detailed list of assets, liabilities, derivatives and commitments both on- and off-balance sheet; (c) within 60 days following receipt of the request, a business plan approved by the board of directors of the member institution that covers the remainder of the financial year of the member institution, Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance commencing with the quarter in which the request is received and ending with the end of the following financial year; and (d) without delay, any other reports, documents and information specified in the request that pertain to its affairs and those of its subsidiaries, affiliates and group entities, or to the affairs of any other financial institution or any other entity with which the member institution has a relationship. 16.1 (1) A member institution shall, if requested to do so by the Corporation for the purpose of developing and maintaining a resolution plan for the member institution, provide to the Corporation, within the time specified in the request, any of the following information that is specified in the request: (a) audited financial statements — or if they are not available, unaudited financial statements — for the period specified in the request on a consolidated and unconsolidated basis for the member institution and its subsidiaries, affiliates and group entities that include a balance sheet for each of its foreign branches, if any; (b) a current list of each subsidiary, affiliate and group entity of the member institution identifying its jurisdiction of incorporation and describing its licence or licences, as applicable, to carry on business including restrictions, if any, and its applicable regulatory authority together with, if known, the name, title, address, telephone number and email address of a contact person at the regulatory authority; (c) a current list of each of the directors and officers of its subsidiaries, affiliates and group entities, and their titles or offices, together with their business addresses, including email addresses, and their business and personal telephone numbers; (d) the legal corporate structure of the member institution, identifying its subsidiaries, affiliates and group entities, including information about the ownership of each of those subsidiaries, affiliates and group entities; (e) the financial connections between the member institution and its subsidiaries, affiliates and group entities, including intra-group exposures, guarantees, cross-group funding arrangements, cross-default clauses, liquidity support and capital support; (f) detailed information about the payment, clearing and settlement systems that support the operations of the member institution and its subsidiaries, affiliates and group entities; Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance (g) detailed information about the business functions and business operations of the member institution and of its subsidiaries, affiliates and group entities, as well as the manner and extent to which those functions and operations are performed by the entities for each other or, if applicable, performed for those entities by external service providers; (h) the business continuity or crisis management plans of the member institution and its subsidiaries, affiliates and group entities, together with related communication and employee retention plans; (i) detailed information about both on- and off-balance sheet assets, liabilities, derivatives and commitments of the member institution, its subsidiaries, affiliates and group entities; (j) detailed information about the legal and regulatory framework applicable to the member institution and its subsidiaries, affiliates and group entities; and (k) any other reports, documents or information pertaining to the affairs of the member institution or to those of its subsidiaries, affiliates or group entities that relate to the resolution plan for the member institution. (2) A member institution shall, if requested to do so by the Corporation for the purpose referred to in subsection (1), provide to the Corporation, within the time specified in the request, an analysis in respect of any of the information referred to in paragraphs (1)(a) to (k) that is specified in the request. 16.2 Despite sections 15, 16 and 16.1, a member institution is not required to provide to the Corporation any information referred to in those sections if it is prohibited from doing so by Canadian legislation or by the legislation of a jurisdiction outside Canada. 17 (1) The member institution shall, without delay, provide to the Corporation a copy of (a) any compliance order, cease and desist order, directive, ruling, licence or registration restriction, notice of hearing or other similar document issued at any time in respect of the member institution by or on the application of any regulatory authority; and (b) any undertaking given by the member institution to any regulatory authority. (2) The member institution shall, without delay, notify the Corporation in writing of Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance (a) any actual or proposed change in control of (i) the member institution or any of its subsidiaries, and (ii) any of the other affiliates of the member institution, if that change affects or could affect the operations or financial condition of the member institution or any other body corporate of which the member institution is a subsidiary; (b) any actual or proposed amalgamation, merger, arrangement or other reorganization that involves (i) the member institution or a significant portion of its assets or liabilities, or any of its subsidiaries, and (ii) any of the other affiliates of the member institution, if that amalgamation, merger, arrangement or other reorganization affects or could affect the operations or financial condition of the member institution or any other body corporate of which the member institution is a subsidiary; (c) any actual or proposed transfer of all or substantially all of the assets or liabilities of (i) the member institution or any of its subsidiaries, and (ii) any of the other affiliates of the member institution, if that transfer affects or could affect the operations or financial condition of the member institution or any other body corporate of which the member institution is a subsidiary; (d) the commencement of proceedings under the Winding-up and Restructuring Act or the Bankruptcy and Insolvency Act or the filing of an assignment in respect of (i) the member institution or any of its subsidiaries, and (ii) any of the other affiliates of the member institution, if those proceedings or that filing affects or could affect the operations or financial condition of the member institution or any other body corporate of which the member institution is a subsidiary; (e) any actual or proposed acquisition that constitutes a substantial investment, within the meaning of section 10 of the Bank Act, in a bank, a trust or loan company, a cooperative credit society or credit union, an insurance company, an investment dealer, a body corporate that manages or administers a pension plan, a Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance mutual fund, an exchange-traded fund or any other similar investment plan or fund, or any other provider of financial services, by (i) the member institution or any of its subsidiaries, and (ii) any of the other affiliates of the member institution, if that acquisition affects or could affect the operations or financial condition of the member institution or any other body corporate of which the member institution is a subsidiary; and (f) any actual or proposed change of address of its registered or head office. 18 The member institution shall, without delay, notify the Corporation in writing of any material change to any information provided pursuant to sections 15 to 17. 19 The member institution authorizes the Corporation to have access to any information in the possession of a regulatory authority, the Bank of Canada or the Department of Finance that pertains to the member institution. 20 The member institution consents to the release to any regulatory authority, the Bank of Canada or the Department of Finance of any information provided by the member institution to the Corporation. 21 The member institution shall cause its officers, auditors and former auditors to furnish such information and explanations that pertain to its affairs as the Corporation or any person designated by the Corporation may require. 22 (1) The member institution shall, without delay, notify the Corporation in writing if the member institution, or any of its shareholders who together hold at least five per cent of the outstanding voting shares of the member institution, proposes that its auditor be removed from office or proposes not to re-appoint the auditor and, to the extent that the member institution is aware of them, shall indicate the reasons for the proposal. (2) The member institution shall, without delay, notify the Corporation in writing if the member institution receives notice from its auditor of the auditor’s resignation or decision not to stand for re-appointment and, to the extent that the member institution is aware of them, shall indicate the reasons for that resignation or decision. (3) The member institution is not required to notify the Corporation of any change in its auditor where that change is required by statute. Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance 23 (1) The member institution shall, without delay, notify the Corporation of the termination, cancellation or lapse of any of the following bonds or insurance policies that relate to the business of the member institution: (a) fidelity bond or insurance policy; (b) banker’s blanket bond or insurance policy; (c) extortion bond or insurance policy; (d) safe depository bond or insurance policy; (e) director’s or officer’s insurance policy; or (f) other bonds or insurance policies similar to those set out in paragraphs (a) to (e). (2) The member institution shall use its best efforts to cause each issuer of any bond or insurance policy referred to in subsection (1) to undertake to the Corporation or the member institution that the coverage under that bond or insurance policy will in no circumstances lapse or terminate, or be terminated or cancelled, by its own terms or by the issuer, except after 30 days written notice to the Corporation, and that the right to file claims under that bond or policy will continue to exist until at least 150 days following that notice. Records 24 (1) The member institution shall create and maintain records that accurately and fully describe and disclose (a) its assets, whether on- or off-balance sheet; (b) its deposit liabilities, consisting of insured and uninsured deposits; (c) its other actual or contingent liabilities, whether on- or off-balance sheet; (d) its revenue; (e) its expenses; Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance (f) its shareholders’ equity or, in the case of an association to which the Cooperative Credit Associations Act applies, its equivalent; and (g) the information on which the information that it provides in the Reporting Form submitted under the Canada Deposit Insurance Corporation Differential Premiums By-law is based. (2) The member institution shall retain the records referred to in paragraphs (1)(b) and (g) for a period of six years after the day on which they are created and during that period shall not remove them from Canada except with the prior written consent of the Corporation. (3) If the member institution amalgamates with another member institution or acquires all or substantially all of the assets of another member institution, the institution that results from the amalgamation or acquisition shall retain the records referred to in paragraphs (1)(b) and (g) of each predecessor member institution for a period of six years after the day on which the amalgamation or acquisition occurs and during that period shall not remove them from Canada except with the prior written consent of the Corporation. (4) Despite subsections (2) and (3), the member institution may retain the records referred to in paragraphs (1)(b) and (g) outside of Canada if it is a subsidiary of a foreign bank, as defined in section 2 of the Bank Act, that is incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV to that Act is applicable or of a regulated foreign entity, as defined in section 2 of that Act. Examinations or Inspections 25 (1) A federal member institution shall submit (a) to an examination of its affairs by the Superintendent once in each year; and (b) where required, to an examination of its affairs by or on behalf of the Corporation for a specified purpose at such times as the Corporation may require. (2) In furtherance of any examination referred to in subsection (1), a federal member institution shall open its records for examination, facilitate the examination so far as it is in its power, cause its directors, officers, employees, agents and representatives to cooperate in such Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance examination, give access to all minutes, accounts, cash, securities, documents and vouchers of the member institution and provide necessary information. 26 (1) A provincial member institution shall, in accordance with paragraph 28(a) of the Act, submit to an inspection of its affairs by the Corporation or a person designated by the Corporation (a) at least once in each year; and (b) at such other times as the Corporation deems appropriate. (2) In furtherance of any inspection referred to in subsection (1), a provincial member institution shall provide access to its records in accordance with paragraph 28(b) of the Act. Costs 27 The member institution shall pay to the Corporation the costs of any examination or inspection that are charged to it by the Corporation in accordance with section 28.1 of the Act. Notices 28 (1) Any notice or request given by the Corporation under this policy shall be sufficiently given if addressed to the attention of the president of the member institution at the head office address of the member institution last shown on the records of the Corporation, and (a) delivered personally during normal business hours; (b) sent by registered or certified mail; or (c) transmitted by an electronic means of sending messages that produces a paper record. (2) Any notice or request referred to in subsection (1) shall be considered to be received (a) on the day of delivery if delivered personally; (b) on the fifth business day following the post-mark date if mailed; and (c) on the day of transmission if sent by electronic means on a business day and within the business hours of the recipient, and on the first business day Current to June 20, 2022 Last amended on June 30, 2021 Canada Deposit Insurance Corporation Deposit Insurance Policy By-law SCHEDULE Provisions of the Policy of Deposit Insurance after the day of transmission if sent by electronic means at any other time. Provincial Member Institution 29 A provincial member institution shall not, in carrying on its business, exercise powers that are substantially different from the powers exercisable by a company to which the Trust and Loan Companies Act applies. Termination and Cancellation 30 The failure of the member institution to comply with any condition of its policy may result in (a) the issuance of a report under subsection 30(1) of the Act; and (b) the termination of its policy of deposit insurance in accordance with sections 31 and 31.1 of the Act. 31 A provincial member institution may terminate its policy of deposit insurance by giving six months written notice to the Corporation. 32 The Corporation may cancel the policy of the member institution under subsection 26.04(3) or section 33 of the Act. Obligations Following Termination or Cancellation 33 If the policy of the member institution is terminated or cancelled, the institution shall continue to be bound by the provisions of the policy as if it were still a member institution until it no longer holds any deposits that are insured by the Corporation. SOR/99-121, ss. 1, 2; SOR/2002-117, ss. 1 to 16, 17(F), 18 to 23, 24(E), 25(E); SOR/ 2005-115, ss. 1 to 3; SOR/2008-293, ss. 3 to 11; SOR/2014-45, ss. 1 to 4; SOR/2020-271, s. 1. Current to June 20, 2022 Last amended on June 30, 2021

CONSOLIDATION Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order SOR/2016-84 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 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order Application Coming into Force Current to June 20, 2022 ii Registration SOR/2016-84 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order Whereas the White Sturgeon (Acipenser transmontanus) Nechako River population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2) of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the White Sturgeon (Acipenser transmontanus) Nechako River population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, that is in the Nechako River Bird Sanctuary as described in Part IX of the schedule to the Migratory Bird Sanctuary Regulations. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Canada Gazette Publication Order [Repealed, SI/2014-19, s. 2] Current to June 20, 2022 Last amended on April 1, 2014 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. The last amendments came into force on April 1, 2014. 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 Last amended on April 1, 2014 TABLE OF PROVISIONS Canada Gazette Publication Order Current to June 20, 2022 Last amended on April 1, 2014 ii

CONSOLIDATION Cree-Naskapi Long-Term Borrowing Regulations, 1986 SOR/86-490 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 Regulations Respecting Long-Term Borrowing by the Cree Bands and the Naskapi Band 1 Short Title By-law Content Repayment Prohibition Maximum Punishment Current to June 20, 2022 ii Registration SOR/86-490 May 1, 1986 CREE-NASKAPI (OF QUEBEC) ACT Cree-Naskapi Long-Term Borrowing Regulations, 1986 P.C. 1986-1050 May 1, 1986 Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 98 and subsection 198(2) of the Cree-Naskapi (of Quebec) Act*, is pleased hereby to revoke the CreeNaskapi Long-Term Borrowing Regulations, made by Order in Council P.C. 1985-793 of 14th March, 1985**, and to make the annexed Regulations respecting long-term borrowing by the Cree bands and the Naskapi band, in substitution therefor. * S.C. 1984, c. 18 ** SOR/85-248, 1985 Canada Gazette Part II, p. 1580 Current to June 20, 2022 Regulations Respecting Long-Term Borrowing by the Cree Bands and the Naskapi Band Short Title 1 These Regulations may be cited as the Cree-Naskapi Long-Term Borrowing Regulations, 1986. By-law Content 2 A by-law made under subsection 97(1) of the CreeNaskapi (of Quebec) Act authorizing a long-term borrowing shall, in addition to the information required to be specified pursuant to that subsection, specify the following: (a) the name and address of the lender; (b) the interest, commissions, premiums and other similar costs related to the long-term borrowing; (c) the source of revenue and the portion of the revenue from that source from which the long-term borrowing is to be repaid and the costs related thereto are to be paid; and (d) the security, if any, given by the band for the repayment of the long-term borrowing and the payment of the costs related thereto. Repayment 3 A band shall apply sufficient moneys from the revenue received from the source specified pursuant to paragraph 2(c) to repay the long-term borrowing and to pay the costs related thereto. Prohibition 4 No council member, officer, employee or agent of a band shall knowingly apply or assist in the application of any moneys received by the band from the portion of the revenue specified pursuant to paragraph 2(c) for the repayment of a long-term borrowing and the payment of the costs related thereto to anything other than the repayment of the long-term borrowing and the payment of the costs related thereto prior to the time the long-term Current to June 20, 2022 Cree-Naskapi Long-Term Borrowing Regulations, 1986 Prohibition Sections 4-5 borrowing is repaid and the costs related thereto are paid. Maximum Punishment 5 For the purpose of section 198 of the Cree-Naskapi (of Quebec) Act in respect of a contravention of section 4 of these Regulations, the maximum fine stipulated is two thousand dollars and the maximum term of imprisonment stipulated is six months. Current to June 20, 2022

CONSOLIDATION Conditions of Transferring Firearms and Other Weapons Regulations SOR/98-202 Current to June 20, 2022 Last amended on May 18, 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. The last amendments came into force on May 18, 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 Last amended on May 18, 2022 TABLE OF PROVISIONS Conditions of Transferring Firearms and Other Weapons Regulations 1 Interpretation Transfers of Firearms Conditions Condition Precedent Before Authorizing a Transfer Information Relating to Transferee’s Licence Period of Validity of Reference Number Transfers to Her Majesty, a Police Force or a Municipality Transfers of Firearms Transfers of Prohibited Weapons, Restricted Weapons, Prohibited Devices, Ammunition and Prohibited Ammunition Transfers by Mail Coming into Force Current to June 20, 2022 Last amended on May 18, 2022 ii Registration SOR/98-202 March 24, 1998 FIREARMS ACT Conditions of Transferring Firearms and Other Weapons Regulations P.C. 1998-477 March 24, 1998 Whereas, pursuant to section 118 of the Firearms Acta, the Minister of Justice had the proposed Conditions of Transferring Firearms and other Weapons Regulations, substantially in the annexed form, laid before each House of Parliament on November 27, 1996 and October 30, 1997, which dates are at least 30 sitting days before the date of this Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 23(e) and 24(2)(d), section 26, paragraphs 27(d), 30(c) and 32(a) and (c) and section 117 of the Firearms Acta, hereby makes the annexed Conditions of Transferring Firearms and other Weapons Regulations. a S.C. 1995, c. 39 Current to June 20, 2022 Last amended on May 18, 2022 Interpretation 1 The definitions in this section apply in these Regulations. Act means the Firearms Act. (Loi) approved verifier [Repealed, SOR/2004-279, s. 1] Firearms Identification 2004-279, s. 1] System [Repealed, SOR/ non-restricted firearm [Repealed, SOR/2022-91, s. 5] public agency identification number has the same meaning as in section 1 of the Public Agents Firearms Regulations. (numéro d'identification) verify [Repealed, SOR/2004-279, s. 1] SOR/2004-279, s. 1; SOR/2022-91, s. 5. 2 [Repealed, SOR/2004-279, s. 2] Transfers of Firearms Conditions 3 (1) For the purposes of paragraph 23.2(1)(f) of the Act, a transferor must meet the condition that they provide the Registrar with the names and the licence numbers of the transferor and the transferee. (2) [Repealed, SOR/2004-279, s. 3] (3) For the purposes of paragraph 23.2(1)(f) of the Act, the transferee must meet the following conditions: (a) if the transferee is an individual and the firearm is a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act, the transferee must inform the chief firearms officer of their reasons (i) for needing the restricted firearm or handgun (A) to protect the life of that individual or of other individuals, or (B) for use in connection with his or her lawful profession or occupation, or (ii) for wishing to acquire the restricted firearm or handgun Current to June 20, 2022 Last amended on May 18, 2022 Conditions of Transferring Firearms and Other Weapons Regulations Transfers of Firearms Conditions Sections 3-5 (A) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29 of the Act, or (B) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30 of the Act; and (b) if the transferee wishes to acquire a restricted firearm or a handgun referred to in subsection 12(6.1) of the Act to form part of their gun collection, the transferee must provide the chief firearms officer with (i) information regarding the transferee’s knowledge of the historical, technological or scientific characteristics that relate to or distinguish the restricted firearms or handguns that he or she possesses, (ii) the transferee’s signed consent to the periodic inspection, conducted in a reasonable manner, of the premises in which the restricted firearms or handguns are to be kept, and (iii) details of the transferee’s understanding of the requirements set out in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations respecting the secure storage of restricted firearms or handguns. (c) [Repealed, SOR/2004-279, s. 3] SOR/2004-279, s. 3; SOR/2022-91, s. 6. Condition Precedent Before Authorizing a Transfer 4 The chief firearms officer may only authorize the transfer of a restricted firearm or prohibited firearm if the officer determines that it is not contrary to the interests of the safety of the transferee or any other person to transfer the firearm. SOR/2004-279, s. 4. Information Relating to Transferee’s Licence 5 The prescribed information for the purpose of subsection 23(2) of the Act is the information set out on the front of the transferee’s licence, including the photograph. SOR/2022-91, s. 7. Current to June 20, 2022 Last amended on May 18, 2022 Conditions of Transferring Firearms and Other Weapons Regulations Transfers of Firearms Information Relating to Transferee’s Licence Sections 6-10 6 For the purposes of the issuance of a reference number under section 23 of the Act, the transferor must (a) confirm, when making a request referred to in paragraph 23(1)(b) of the Act to the Registrar, that they have taken reasonable steps to verify that the transferee is the holder of the licence, including (i) in the case of a transfer that is completed in person, whether in whole or in part, by comparing the photograph on the licence with the person presenting themselves as the transferee, and (ii) in all other cases, (A) by using the method set out in paragraph (a), or (B) if the comparison cannot be undertaken using that method, by comparing the information on the transferee’s licence with that on another piece of photo identification that has been issued by the Government of Canada or a provincial or municipal government; and (b) provide the Registrar with (i) the transferee’s licence number, and (ii) any other information requested by the Registrar. SOR/2022-91, s. 7. Period of Validity of Reference Number 7 The prescribed period for the purposes of subsection 23(4) of the Act is 90 days. SOR/2022-91, s. 7. 8 and 9 [Repealed, SOR/2004-279, s. 5] Transfers to Her Majesty, a Police Force or a Municipality [SOR/2004-279, s. 6] Transfers of Firearms 10 For the purposes of subsection 26(1) of the Act, a transferor must comply with the following conditions to Current to June 20, 2022 Last amended on May 18, 2022 Conditions of Transferring Firearms and Other Weapons Regulations Transfers to Her Majesty, a Police Force or a Municipality Transfers of Firearms Sections 10-14 transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality: (a) the transferor must provide the Registrar with (i) the name and licence number of the transferor, (ii) the date of the transfer, (iii) the number of the registration certificate for the firearm and its firearms identification number, and (iv) the name and public agency identification number of the transferee; and (b) the transferor must obtain a receipt from the transferee that identifies the date of the transfer and describes the firearm transferred. SOR/2004-279, s. 7; SOR/2022-91, s. 8(E). Transfers of Prohibited Weapons, Restricted Weapons, Prohibited Devices, Ammunition and Prohibited Ammunition 11 For the purposes of subsection 26(2) of the Act, to transfer a prohibited weapon, a restricted weapon, a prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality, a transferor must obtain a receipt from the person accepting the transfer on behalf of Her Majesty in right of Canada or a province or on behalf of a police force or a municipality that identifies the date of the transfer and describing the goods transferred. SOR/2004-279, s. 8; SOR/2022-91, s. 9(E). Transfers by Mail 12 For the purposes of section 32 of the Act, before transferring a firearm by mail, a transferor must obtain all copies of registration certificates and authorizations that the Act requires for the transfer to occur. SOR/2022-91, s. 10. 13 [Repealed, SOR/2004-279, s. 9] Coming into Force 14 These Regulations come into force on December 1, 1998. SOR/98-471, s. 4. Current to June 20, 2022 Last amended on May 18, 2022

CONSOLIDATION Canada Post Systems Management Limited Incorporation Authorization Order SOR/90-358 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 Order Authorizing the Canada Post Corporation to Procure the Incorporation of Canada Post Systems Management Limited 1 Short Title Authorized Transaction Current to June 20, 2022 ii Registration SOR/90-358 June 15, 1990 FINANCIAL ADMINISTRATION ACT Canada Post Systems Management Incorporation Authorization Order P.C. 1990-1170 Limited June 15, 1990 Whereas the Governor in Council, pursuant to subsection 91(6) of the Financial Administration Act, is satisfied that the Canada Post Corporation is empowered under section 16 of the Canada Post Corporation Act to undertake the transaction described in the annexed Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Honourable Harvie Andre and the Treasury Board, pursuant to paragraph 91(1)(a) of the Financial Administration Act, is pleased hereby to make the annexed Order authorizing the Canada Post Corporation to procure the incorporation of Canada Post Systems Management Limited. Current to June 20, 2022 Order Authorizing the Canada Post Corporation to Procure the Incorporation of Canada Post Systems Management Limited Short Title 1 This Order may be cited as the Canada Post Systems Management Limited Incorporation Authorization Order. Authorized Transaction 2 The Canada Post Corporation is hereby authorized to procure the incorporation, under the Canada Business Corporations Act, of a corporation named Canada Post Systems Management Limited the shares of which will be, on incorporation, held by the Canada Post Corporation. 1994, c. 24, s. 34(F). Current to June 20, 2022

CONSOLIDATION Chlorine Tank Car Unloading Facilities Regulations C.R.C., c. 1147 Current to June 20, 2022 Last amended on June 18, 2015 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. The last amendments came into force on June 18, 2015. 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 Last amended on June 18, 2015 TABLE OF PROVISIONS Regulations Respecting the Design, Location, Construction, Operation and Maintenance of Chlorine Tank Car Unloading Facilities Short Title Interpretation Application PART I Applications to the Board PART II Distances 21 PART III Piping and Transfer Equipment PART IV Unloading Operations 46 PART V General SCHEDULE I SCHEDULE II SCHEDULE III Current to June 20, 2022 Last amended on June 18, 2015 ii Chlorine Tank Car Unloading Facilities Regulations TABLE OF PROVISIONS SCHEDULE IV Chlorine Hazards Current to June 20, 2022 Last amended on June 18, 2015 iv CHAPTER 1147 RAILWAY SAFETY ACT Chlorine Tank Car Unloading Facilities Regulations Regulations Respecting the Design, Location, Construction, Operation and Maintenance of Chlorine Tank Car Unloading Facilities Short Title 1 These Regulations may be cited as the Chlorine Tank Car Unloading Facilities Regulations. Interpretation 2 In these Regulations, chlorine means the chemical element Cl2 in liquid or gaseous form and containing not more than 150 parts per million of water; (chlore) Commission means the Canadian Transport Commission; (commission) dangerous commodity means any substance subject to the Regulations for the Transportation of Dangerous Commodities by Rail or subject to any other regulation or order issued by the Commission to control its hazard; (marchandise dangereuse) main track is a track extending through yards and between railway stations where trains are operated by timetable, train order, block signals, or some other approved method of control; (voie ferrée principale) owning or operating company means the person or company owning or operating the chlorine unloading facility; (compagnie propriétaire ou exploitante) railway right-of-way means any lands that are owned or leased by a railway subject to the jurisdiction of the Commission and are contiguous to that railway’s tracks; (emprise du chemin de fer) Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations Interpretation Sections 2-5 railway station means any location where passenger and/or freight trains may stop in accordance with the current railway timetable; (gare de chemin de fer) railway station-dwelling means a railway station building, part of which is used as a dwelling; (gare-habitation) serving track means the track serving the chlorine facility and upon which the chlorine tank cars are located for unloading purposes; (voie de desserte) shall is used to indicate mandatory provisions; (le futur) should is used to indicate recommendatory [provisions]; (le conditionnel) tank car means any vessel described as a tank car in the Regulations for the Transportation of Dangerous Commodities by Rail and is approved by the Commission for chlorine service, but does not include multi-unit tank cars such as the ICC 106A500-X tank car. (wagon-citerne) Application 3 These Regulations apply to chlorine tank car unloading facilities located on the right-of-way owned or leased by any railway company subject to the jurisdiction of the Canadian Transport Commission. 4 A chlorine tank car unloading facility approved by an order of the Commission prior to July 31, 1965 shall be operated and maintained in accordance with these Regulations, but unless otherwise ordered by the Commission, it need not conform to those provisions of these Regulations pertaining to location, construction and design. 5 These Regulations do not apply to chlorine stationary bulk storage facilities; the erection of such facilities on the railway right-of-way is prohibited. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART I Applications to the Board Sections 6-10 PART I Applications to the Board 6 (1) Except as provided in subsection (2), no chlorine unloading facility or part thereof shall be constructed until the Commission has approved the proposed location by an order. (2) If the proposed facility complies in all respects with Parts II, III, IV and V, approval of the location need not be obtained before construction is undertaken, but shall be obtained before the facility is used. 7 (1) Application for approval to locate a chlorine unloading facility on the railway right-of-way shall be submitted through the railway company concerned to the Secretary of the Commission. (2) Applications shall be accompanied by four copies of all drawings, prepared in compliance with the requirements of sections 8 to 13. 8 (1) A plan of the chlorine facilities and of other structures on the same site shall be drawn to a minimum scale of one inch to 50 feet. (2) A plot plan showing the location of the chlorine facilities in relation to off-site structures shall be drawn to a minimum scale of one inch to 200 feet. (3) A section as described in section 11 shall be drawn to a minimum scale of one inch to 20 feet. 9 All drawings shall be dated, bear an identification number and the name of the applicant, and be signed by the Chief Engineer or other official of the applicant or consulting company responsible for them. 10 Except as provided in paragraph 13(g), the plan shall show the location of the chlorine unloading rack and of the tank car, when it is in position for unloading, in relation to the following buildings, structures and boundary lines: (a) within 2,000 feet, any building mentioned in paragraph 16(a); (b) within 1,000 feet, any building mentioned in paragraph 16(b); Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART I Applications to the Board Sections 10-13 (c) within 500 feet, any building mentioned in paragraph 16(c); (d) within 75 feet, any building or structure mentioned in section 15; (e) all buildings and other structures occupying the same site as the chlorine unloading facility; (f) railway right-of-way boundaries; (g) boundary lines of the property on which the chlorine unloading facilities are located; (h) the nearest fire hydrant; (i) the gauge side of the nearest rail of the track serving the facility; (j) within 50 feet, the gauge side of the nearest rail of any main track or the curb line of any main road or street; and (k) within 20 feet, the gauge side of the nearest rail of any track other than a main track or the track serving the facility. 11 A section shall be provided to show the elevation of the unloading facilities in relation to other structures on the same site and any track within 50 feet. 12 In addition to the structures previously referred to in this Part, the plan shall show the location of dikes, pipelines, power lines, sewers, ditches, watercourses and other similar major structures located on the same site or immediately adjacent thereto. 13 The notes or legend on the drawing shall include the following information: (a) evidence that the Provincial Fire Marshal, Fire Commissioner, or local fire authority, having jurisdiction in the area adjacent to the railway right-of-way, has no objection to the proposed facilities; this evidence may take the form of a plan signature by the authority concerned, or of a letter addressed to the owning or operating company by such authority; (b) a statement to the effect that the proposed facilities will comply in all respects with these Regulations, unless there are exceptions, in which case, the exceptions shall be listed; Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART I Applications to the Board Sections 13-16 (c) the size, type of construction and purpose of all buildings, tanks or structures located on the same site as the chlorine unloading facilities; (d) location of the unloading site by reference to the name of the railway company serving the site, name of the railway subdivision, the railway mileage of the location and the name of the nearest town or city; (e) the direction from which the prevailing winds blow; (f) locations of the nearest available self-contained breathing apparatus and tank car emergency repair kit; and (g) if there are no buildings within the restricted distance referred to in either paragraph 10(a), (b), (c) or (d), a statement to this effect shall appear in the drawing notes or legend. 13.1 Where the Commission has approved, pursuant to subsection 6(1), the proposed location of the chlorine unloading facility, a copy of each drawing referred to in subsection 7(2) shall be kept by the railway company for the life of the facility and retained for at least two years thereafter. SOR/85-468, s. 1. PART II Distances 14 The location of a chlorine unloading site with respect to occupied buildings shall take into account the direction of the prevailing winds and where practicable it shall be located down wind from such buildings. 15 Except as provided in section 17, the horizontal distance between the centre point of a chlorine unloading rack or of a tank car, when it is at the unloading position, and the nearest point of any railway freight station, warehouse, storage tank or any other storage or transfer facility used for a combustible or a dangerous commodity shall not be less than 75 feet. 16 Except as provided in section 17, the horizontal distance between the centre point of a chlorine unloading rack or of a tank car, when it is at the unloading position, and the nearest point of any occupied building shall be in accordance with the following: Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART II Distances Sections 16-20 (a) not less than 2,000 feet from any school, hospital, hotel, motel, church, theatre, auditorium, sports arena, multi-store shopping centre, apartment or other multi-unit residential building, office building or department store or merchandise building of more than one storey in height, or any other building or enclosure considered by the Commission to belong to this category; (b) not less than 1,000 feet from any single family dwelling, railway passenger station, railway stationdwelling, one storey office building, department store, merchandise building or restaurant, or other easily evacuated or low occupancy building or enclosure considered by the Commission to belong to this category; and (c) not less than 500 feet from any factory, railway shop or other building used primarily for manufacturing or processing or for maintenance or repair work. 17 Notwithstanding sections 15 and 16, the Commission, at its discretion, may authorize lesser distances between a chlorine unloading rack or tank car and any building, storage tank or other structure located on the same site as the chlorine facilities and used exclusively by the company or person owning or operating the chlorine facilities. 18 The horizontal distance between the centre point of a chlorine unloading rack or of the tank car, when it is at the unloading position, and the nearest point of the line of any adjoining property which has been or may be built upon shall not be less than 50 feet. 19 The horizontal distance between the track side of a chlorine unloading rack and the gauge side of the nearest rail of the track serving the facility shall not be less than prescribed in Schedule I. 20 The horizontal distance between the centre point of the chlorine unloading rack or of the tank car, when it is at the unloading position, and a main roadway or street or the gauge side of the nearest rail of any track other than a track serving the facility shall not be less than prescribed in the following paragraphs: (a) not less than 50 feet from a main track or from the curb line of a main roadway or street; and (b) not less than 20 feet from a passing track or any track other than a main track or a track serving the facility. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART III Piping and Transfer Equipment Sections 21-24 PART III Piping and Transfer Equipment 21 (1) Except as provided in section 22, only steel pipe, fittings and valves shall be used. They shall not be less than 3/4 inch nominal diameter and shall comply with the standards prescribed in Tables I and II of Schedule II, or other standards recommended by The Chlorine Institute and approved by the Commission. (2) All joints exceeding a nominal diameter of 1 1/4 inches shall be welded. (3) Gaskets, joint compound and valve packing shall comply with the recommendations of The Chlorine Institute as contained in its Pamphlet No. 6, dated January 18, 1962, and amendments thereto. (4) All welding operations shall be performed by a welder approved by the provincial government concerned for the type of welding to be done. 22 Notwithstanding section 21, the flexible connection between the unloading rack and the tank car shall comply with The Chlorine Institute Drawing No. 118, as shown in Schedule III, or other arrangement recommended by The Chlorine Institute and approved by the Commission. 23 A shut-off valve shall be installed in the discharge line near the discharge side of the flexible connection prescribed in section 22. It shall not be used for throttling purposes and shall either be fully open or fully closed. A second shut-off valve shall be installed in the discharge line near the process tank or other receiving vessel. 24 (1) Prior to being placed in service for the first time and prior to being returned to service after a repair, the piping system shall receive a hydrostatic and a pneumatic test as prescribed in subsections (2) and (3). (2) The piping system shall be tested at a hydrostatic pressure of 300 psig. It shall be able to withstand this test for 30 minutes without leakage or a failure of any kind. (3) After the hydrostatic test, the piping system shall be thoroughly dried and cleaned, then tested for leaks with dry air at 150 psig, as recommended by The Chlorine Institute in its Pamphlet No. 6, dated January 18, 1962, and amendments thereto. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART III Piping and Transfer Equipment Sections 24-27 (4) A dated and signed record of the latest hydrostatic and dry air tests shall be retained on the owner’s or operating company’s file for examination by an officer of the Commission when so requested. 25 An expansion chamber shall be provided between shut-off valves or other locations where liquid chlorine may become trapped. The capacity of the expansion chamber shall not be less than 20 per cent of the capacity of the pipeline it is intended to protect. 26 (1) If the normal tank car pressure is not adequate for unloading purposes, it may be increased by means of clean dry air by a procedure commonly known as “Air Padding” in accordance with the recommendations contained in The Chlorine Institute Pamphlet No. 4, dated May 17, 1961, and amendments thereto, and with the requirements prescribed in subsections (3) and (4). (2) Clean, dry, inert gas may be used for “Padding” if the written consent of the chlorine supplier is obtained. (3) The total pressure of air or inert gas padding plus chlorine vapour in the tank car at the maximum temperature attained during unloading shall not exceed the following: (a) 125 psig, for tank cars equipped with safety valves set to discharge at 225 psig; and (b) 200 psig, for tank cars equipped with safety valves set to discharge at 375 psig. (4) The air or inert gas used for padding shall be free from oil and other foreign substances and shall be dried to a dew point, measured at atmospheric pressure, of minus 40°F or below. 27 (1) Piping shall be carried on permanent supports of steel or concrete or on some other supporting system approved by the Commission. (2) Ground-based supports for pipelines more than four feet above ground shall be mounted on footings which extend below the frost line or which rest on bedrock. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART III Piping and Transfer Equipment Sections 27-29 (3) Pipelines exposed to damage by vehicular traffic shall be protected by guard rails or curbs of concrete or metal. (4) Provision shall be made in pipelines for expansion, contraction, jarring, vibration and settling. (5) Ground-based, steel supports for pipelines more than four feet above ground should be coated or otherwise protected against fire damage by a method recommended by the National Fire Protection Association to provide the support with a fire resistance rating of not less than two hours. 28 (1) Pipelines running parallel to a track shall not be closer than 10 feet to the gauge side of the nearest rail of that track and shall comply with subsection (2). (2) Except as provided in section 29, pipelines located on the railway right-of-way within 20 feet of a track shall be installed in accordance with any one of the following paragraphs: (a) pipelines may be enclosed in a reinforced concrete or steel trench fitted with a recessed removable cover flush with the ground; the trench shall be provided with a drain to prevent water from collecting; (b) pipelines may be carried on an overhead pipe bridge fabricated from steel or concrete and providing a minimum clearance of not less than 13 feet above ground, except that the installation of pipelines over tracks shall not be undertaken without the express approval of the Commission in writing; (c) that portion of a pipeline between the unloading rack and a process or similar building located on the unloading site may be enclosed by a chain link fence not less than five feet high. 29 (1) Notwithstanding subsection 28(2), pipelines under railway tracks shall comply with Pipe Crossings Under Railways (No. E-10) Regulations. (2) Notwithstanding subsection 28(2), pipelines under roadways on the railway right-of-way shall be enclosed in a vented encasing pipe. The top of which shall be below the frost line and in no case less than three feet below the surface of the roadway. It shall be capable of supporting Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART III Piping and Transfer Equipment Sections 29-36 all overhead traffic without deformation or a failure of any kind. 30 Unloading racks shall be constructed of concrete or steel and their footings shall extend below frost line or to solid bedrock. 31 Vaporizers shall be designed, constructed, operated and maintained in accordance with the recommendations of The Chlorine Institute as contained in its Pamphlet No. 9, dated November 7, 1962, and amendments thereto. PART IV Unloading Operations 32 The company or person to whom the chlorine tank car is consigned for unloading shall comply with all of the requirements prescribed in this Part. 33 At least one unloading operator or other person trained in the handling of chlorine and familiar with its hazards, (see Schedule IV), shall be in attendance on the unloading site during the entire period that chlorine is being discharged from the tank car for the purpose of ensuring that the unloading operations are performed safely and in accordance with these Regulations. 34 During the entire period that the tank car is connected to the unloading pipelines it shall be protected on the connected end or ends of the unloading track by a locked derail or switch located at least one car length from the tank car. 35 (1) During the entire period that the tank car is connected to the unloading pipelines, it shall be protected on the connected end or ends of the unloading track by a weatherproof sign or signs, measuring 12 inches by 15 inches and reading “STOP — TANK CAR CONNECTED”. The word “STOP” shall be in letters at least four inches high and the other words in letters at least two inches high. The letters shall be white on a blue background. (2) The “STOP — TANK CAR CONNECTED” sign or signs, shall be placed on the tank car, or the unloading track in a manner that will ensure its visibility to the crew of an engine approaching the tank car on the same track. 36 The tank car hand brakes shall be applied and the wheels shall be blocked at both ends of the car during the Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART IV Unloading Operations Sections 36-41 entire period that the tank car is connected to the unloading lines. 37 (1) Except as provided in subsection (2), the shut-off valves shall be closed and the unloading pipelines disconnected from the tank car immediately after the completion of unloading operations. (2) Pipelines need not be disconnected from the tank car if all shut-off valves on the tank car and in the discharge lines are closed, the tank car is protected as provided in sections 34 to 36 and the period during which operations are suspended does not exceed 72 hours. 38 Tank cars shall not be unloaded after sundown unless the unloading rack, tank car dome and other areas of activity on the unloading site are adequately lighted by permanent flood lights, installed and otherwise in conformity with the provisions of the Canadian Electrical Code, Part I, Eighth Edition and amendments thereto, or in accordance with any other higher standard prescribed by the local authority. Any electrical facilities within 20 feet of the unloading rack or tank car connection shall be suitable for a corrosive atmosphere. 39 At least one 20 pound ABC, dry chemical fire extinguisher or its equivalent shall be located at the unloading site and be readily available to the unloading operator during unloading operations. 40 (1) At least one respirator of the self-contained type and approved for use in chlorine atmospheres by the United States Bureau of Mines, together with a person trained in its use, shall be available on the site on not more than 20 minutes notice. (2) At least two respirators of the absorbing canister type and approved for use in chlorine atmospheres by the United States Bureau of Mines, together with a person trained in their use, shall be readily available on the site during unloading operations. 41 (1) A chlorine emergency repair kit of a type recommended by The Chlorine Institute for the repair of tank cars, together with a man qualified to use it, shall be available on the site on short notice. (2) Instruction cards, which provide information essential to the emergency handling of chlorine leaks, such as the location of respirators and the phone numbers listed hereunder, shall be posted in a conspicuous place outside Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART IV Unloading Operations Sections 41-44 near the unloading rack or inside near the unloading site telephone: (a) the phone number of at least one senior officer of the company owning or operating the unloading facility; (b) the phone numbers of the nearest police department, fire department and hospital; (c) the phone numbers of the principal public and institutional buildings within 2,000 feet of the unloading rack; (d) the phone number of at least one person who is available on short notice and is competent in handling chlorine leaks and similar emergencies; (e) the phone numbers of at least two persons who are available on short notice and are competent in the use of chlorine emergency repair kits; and (f) the phone number of the nearest agent or officer of the railway company serving the facility. (3) The owning or operating company shall have at least one person available on short notice during unloading operations who has been trained in the handling of major chlorine leaks and other similar emergencies and that person shall participate in periodic safety drills, which shall include practice in the proper use of respirators, and other safety equipment. 42 The deliberate venting of chlorine to the atmosphere in quantities sufficient to cause injury to a person on the unloading site or in quantities sufficient to escape the boundaries of the unloading site is prohibited. 43 A weatherproof sign measuring not less than 12 inches by 12 inches and bearing the word “CHLORINE” in black letters at least four inches high on a yellow background shall be attached in a conspicuous place to the unloading rack or to a post near the rack. 44 The exterior of the piping system shall be painted or otherwise protected from atmospheric corrosion. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations PART IV Unloading Operations Sections 45-50 45 (1) All piping and other parts of the unloading system shall be inspected at least once every three months by a competent inspector for leaks and other evidence of deterioration. (2) Leaking or defective pipes, fittings, valves or other parts of the unloading system shall be repaired or replaced by a qualified person and this work shall be undertaken immediately or with the minimum of delay that is consistent with good safety practice. That portion of the system to be repaired or replaced shall be isolated from the rest of the system and purged of chlorine in a manner that will not violate section 42. PART V General 46 (1) The unloading site shall be kept free of debris. Grass and weed growth shall not be permitted to exceed six inches in height. (2) No combustible or other dangerous commodity, except chlorine, shall be stored or handled on the unloading site unless that commodity is mentioned in the approved application or is otherwise sanctioned by the approving order. 47 All chlorine unloading facilities subject to these Regulations may be inspected at any time by an officer of the Commission. 48 The owning or operating company shall report immediately by wire to the railway company concerned and to the Director of Operation, Canadian Transport Commission, Ottawa, Ontario, every fire, explosion, pipeline rupture, or any occurrence that results in the accidental release of chlorine from the system in quantities sufficient to escape the boundaries of the unloading site or causes injury to a person on the site to the extent that medical attention is required. 49 Violations of any provision of these Regulations are subject to such penalty as may be provided in the Railway Act. 50 The principal hazards associated with the unloading of tank cars of chlorine are discussed in Schedule IV. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE I SCHEDULE I (s. 19) TABLE I Minimum Clearance Distances M the Track Side of a Chlorine Unlo Side of the Nearest Rail of the Tr STRAIGHT TRACK (a) That portion of a rack or structure more than 4 feet above the (b) Except as provided in (c), that portion of a rack or structure 4 f (c) Loading, unloading racks or terminals of an overall height of 4 CURVED TRACK All distances prescribed for straight track shall be increased by 1 inc * Except in Newfoundland where the distance shall be 3 feet 10 inch Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE I (French) ANNEXE I (art. 19) TABLEAU I Espaces libres minimums mesur de déchargement du chlore, du c intérieure du plus proche rail de d’emmagasinage VOIE FERRÉE DROITE a) La partie d’un bâti ou ouvrage située à plus de 4 pieds au-dess b) Sauf disposition de l’alinéa c), la partie du bâti ou ouvrage situ dessus du rail................................................................................. c) Les bâtis ou points de chargement ou de déchargement d’une partir du dessus du rail.................................................................. VOIE FERRÉE COURBE Augmenter de 1 pouce par degré de courbure de la voie ferrée toute * Sauf à Terre-Neuve, où la distance sera de 3 pieds et 10 pouces. Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE II SCHEDULE II (s. 21) TABLE I Design and Ratings for Steel Pip Gaseous or Liquid Chlorine at Pr Temps. from -150°F to 300°F SIZE ¾” — 1½” PIPE SCH. 80, SEAMLESS (See Note 1) FITTINGS (see Note 1) BUTT WELD — SCH. 80, SEAMLES FLANGED — 300# ASA, FORGIN SCREWED — 2000# CWP, FORG SOCKET WELD — 3000# CWP, FORG RATING — 300# ASA TYPE — SCREWED, SOCKE WELD NECK SIZES ¾” — 1” ONLY FORGED FLANGES (See Note 2) FORGED, 2 BOLT — OVAL FLANGE UNIONS FA MANUFACTURER’S STANDARD RATING VALVES (See Note 3) VALVES FOR CHLORINE GAS ONLY BOLTING — 1500# CWP TYPE — SCREWED PATTERN — GLOBE OR ANGLE RATING — 600# ASA DESIGN — OS & Y., FORGED BONNET, BOLTED BO GLAND, RENEWABLE FACED SEAT ENDS — SCREWED, SOCKE FLANGED PATTERN — PLUG RATING — 300# ASA DESIGN — LUBRICATED NON PLUG ENDS — SCREWED OR FLA DIMENSIONS PER ASA B18.2, THREADS PER A BOLT STUDS — THREADED FULL L BOLTS — HEAVY PATTERN NUTS — SEMI-FINISHED, H ABBREVIATIONS — See Note 4. NOTE 1 — ALLOY STEEL TO ASTM A333 Gr. 3 MAY BE SC NOTE 2 — RAISED FACE FLANGES MAY BE USED IN G FACINGS AS PER ASA B 16.5 MAY BE USED IN NOTE 3 — THE DISC, SEAT AND STEM OF MANUAL VAL FACED SEATS WHICH SHALL BE COLMONOY NOTE 4 — ABBREVIATIONS ASA Current to June 20, 2022 Last amended on June 18, 2015 — AMERICAN STANDARDS ASSOCIA Chlorine Tank Car Unloading Facilities Regulations SCHEDULE II ASTM — AMERICAN SOCIETY FOR TESTING CWP — COLD WORKING PRESSURE SCH — SCHEDULE OS&Y — OUTSIDE SCREW AND YOKE TABLE II Materials of Construction for Ste Designations) Temp Pipe* and Seamless Fittings Castings -150° to -20°F A333 Gr 3 A352 Gr LC3 -50° to -20°F A333 Gr C A352 Gr LCB -20° to +300°F A53 Gr A A106 Gr A Fittings only A234 Gr WPA WPB A216 Gr WCB * Note: Cold bent carbon steel pipe shall not be used in Chlorine serv Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE II (French) ANNEXE II (art. 21) TABLEAU I Étude et caractéristiques des tuy des soupapes chlore à l’état gaze dépassant pas 300 livres par pou températures variant entre -150 ° DIMENSIONS ¾” — 1½” TUYAU No 80, SANS SOUDURE (Voir remarque 1) GARNITURES (Voir remarque 1) SOUDÉES À RAPPROCHEMENT — No 80, S DURE À BRIDE — 300# ASA, PIÈCES VISSÉES — 2000# PSF, PIÈCES À DOUILLE SOUDÉE BRIDES FORGÉES (Voir remarque 2) CARACTÉRISTIQUES — 3000# PSF, P GÉES — 300# ASA TYPE — VISSÉES, À DOUIL OU À COLLET SOUDÉ DIMENSIONS ¾” — 1” SEUL FORGÉES, RACCORDS À 2 BOULONS À BRIDE FACES DRESSÉES SELON LES NORMES DU FA CARACTÉRISTIQUES SOUPAPES (Voir remarque 3) SOUPAPES POUR CHLORE À L’ÉTAT GAZEUX SEULEMENT BOULONNAGE — 1500# PSF TYPE — VISSÉES MODÈLE — À ROTULE OU À A CARACTÉRISTIQUES — 600# ASA CONSTRUCTION — V & CM, CORPS ET FORGÉS, CHAPEAU E BOULONNÉS ET SIÈG VELABLE OU À FACE EXTRÉMITÉS — VISSÉES, À DOUIL OU À BRIDE MODÈLE — À CÔNE CARACTÉRISTIQUES — 300# ASA CONSTRUCTION — LUBRIFIÉES À CÔN VANTES, À CÔNE EXTRÉMITÉS — VISSÉES OU À BR DIMENSIONS SELON ASA B18.2, FILETS SELO SÉRIES 8N) PRISONNIERS — FILETÉS SUR TOU BOULONS — GROS MODÈLE ÉCROUS — SEMI-FINIS, SÉRIE ABRÉVIATIONS — Voir la remarque 4. REMARQUE 1 — L’ALLIAGE D’ACIER SELON ASTM A33 REMARQUE 2 — DES BRIDES À FACE SAILLANTE POU L’ÉTAT GAZEUX. LES FACES DRESS Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE II (French) CONFORME À ASA B 16.5 POURRON LIQUIDE QUE DANS LE SERVICE DU C REMARQUE 3 — LE DISQUE, LE SIÈGE ET LA TIGE D HASTELLOY C, SAUF QUE LES SIÈ ÉQUIVALENT. REMARQUE 4 — ABBREVIATIONS ASA — AMERICAN STANDARDS A ASTM — AMERICAN SOCIETY FOR T PSF — PRESSION DE SERVICE À F V&CM — VIS ET CHAPE MÂLES TABLEAU II Matériau de construction des tuy (désignations a.s.t.m.) Temp Tuyau* et garnitures sans soudure Pièces moulée -150° à 20°F A333 Gr 3 A352 Gr LC3 -50° à -20°F A333 Gr C A352 Gr LCB -20° à +300°F A53 Gr A A106 Gr A Garnitures seulement A234 Gr WPA WPB A216 Gr WCB Remarque : Le tuyau d’acier au carbone plié à froid ne sera pas em traitement pour l’élimination des contraintes. * Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE III SCHEDULE III (s. 22) Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE III (French) ANNEXE III (art. 22) Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE IV Chlorine Hazards SCHEDULE IV (ss. 33 and 50) Chlorine Hazards 1 It is believed that compliance with the requirements prescribed in these Regulations will provide a high degree of safety in the unloading of tank cars of chlorine. Effective implementation of these requirements is most likely to be realized if the persons involved in the unloading operations have a good knowledge and understanding of the properties and hazards of chlorine. 2 The principal properties and hazards of chlorine are as follows: (a) chlorine is normally transported under pressure in liquid form in tank cars and cylinders. Under atmospheric conditions, such as would be obtained in the event of a leak, liquid chlorine is rapidly converted to a gas in the ratio of approximately one volume of liquid to 460 volumes of gas. For this reason a relatively small leak of liquid chlorine is capable of polluting a large volume of air; (b) chlorine gas is about 2 1/2 times as heavy as air. It therefore tends to accumulate in low places and is not readily diluted or dispersed unless it is subjected to strong air currents; (c) chlorine is not flammable, but at ordinary temperatures it will support the combustion of some combustible, organic substances such as finely divided cork. At elevated temperatures it will support the combustion of steel and for this reason may cause the rapid deterioration of steel piping or other steel equipment that is exposed to a fire; (d) although insulated chlorine tank cars of the ICC 105A type provide good thermal protection for the lading, they should be removed from the scene of a fire as soon as possible; (e) dry chlorine is compatible with a wide variety of metals including mild steel, but chlorine containing more than about 150 parts per million of water is highly corrosive to mild steel and other metals with poor resistance to dilute hydrochloric acid. It is, therefore, essential that all piping and equipment be thoroughly dried before it is placed in service and that water be prevented from entering the system by other means; chlorine leaks should not be sprayed with water; (f) the maximum concentration of chlorine in air that most adult persons can breathe for one hour without serious effects is four parts per million; this is about the minimum concentration that is detectable by odour; (g) chlorine in concentrations of about 35 parts per million is considered dangerous if breathed for periods longer than about 30 minutes, but because concentrations of chlorine above 15 parts per million are extremely irritating to the throat and respiratory tract it is unlikely that any one Current to June 20, 2022 Last amended on June 18, 2015 Chlorine Tank Car Unloading Facilities Regulations SCHEDULE IV Chlorine Hazards would intentionally expose himself for more than a few minutes to such concentrations; (h) even a few breaths of air which contain more than 1,000 parts per million of chlorine are likely to be fatal; (i) respirators of the absorbing canister type are not suitable for use in atmospheres containing more than about one per cent of chlorine by volume; self-contained breathing apparatus must be used in such atmospheres; (j) in addition to the respirators referred to in paragraph (i), persons repairing leaks, or who otherwise may be exposed to liquid chlorine or high concentrations of gaseous chlorine, should wear gloves and other suitable protective clothing; the action of chlorine on the skin and other body tissues is similar to that of acids and other corrosive substances; and (k) for additional information on this subject the reader is referred to The Chlorine Institute Inc., 342 Madison Avenue, New York City, New York 10017 or to the nearest chlorine producer. Current to June 20, 2022 Last amended on June 18, 2015

CONSOLIDATION Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) [Repealed, SOR/2010-187, s. 1] Current to June 20, 2022 Last amended on August 19, 2010 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. The last amendments came into force on August 19, 2010. 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 Last amended on August 19, 2010 TABLE OF PROVISIONS Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) Current to June 20, 2022 Last amended on August 19, 2010 ii

CONSOLIDATION CHFTA Rules of Origin Regulations SOR/2014-217 Current to June 20, 2022 Last amended on October 1, 2014 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. The last amendments came into force on October 1, 2014. 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 Last amended on October 1, 2014 TABLE OF PROVISIONS CHFTA Rules of Origin Regulations 1 Rules of Origin *2 Coming into Force Current to June 20, 2022 Last amended on October 1, 2014 ii Registration SOR/2014-217 September 26, 2014 CUSTOMS TARIFF CHFTA Rules of Origin Regulations P.C. 2014-979 September 25, 2014 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CHFTA Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on October 1, 2014 CHFTA Rules of Origin Regulations Rules of Origin 1 The following provisions of the Canada–Honduras Free Trade Agreement have the force of law in Canada: (a) Articles 4.1 to 4.3; (b) Paragraph 1 of Article 4.4; (c) Articles 4.5 to 4.13; and (d) Annexes 4.1 and 4.5. Coming into Force 2 These Regulations come into force on the day on which section 43 of the Canada — Honduras Economic Growth and Prosperity Act, chapter 14 of the Statues of Canada, 2014, comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force October 1, 2014, see SI/2014-74.] Current to June 20, 2022 Last amended on October 1, 2014

CONSOLIDATION Cheese Stabilization 1980-81 Regulations [Repealed, SOR/2017-84, s. 1] Current to June 20, 2022 Last amended on May 5, 2017 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. The last amendments came into force on May 5, 2017. 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 Last amended on May 5, 2017 TABLE OF PROVISIONS Regulations Respecting the Stabilization of the Price of Cheese Marketed During the Period Commencing on August 1, 1980 and Ending on July 31, 1981 Current to June 20, 2022 Last amended on May 5, 2017 ii

CONSOLIDATION Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations SOR/2006-104 Current to June 20, 2022 Last amended on November 15, 2007 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. The last amendments came into force on November 15, 2007. 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 Last amended on November 15, 2007 TABLE OF PROVISIONS Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations 1 Interpretation Application Variations Coming into Force SCHEDULE Variations Current to June 20, 2022 Last amended on November 15, 2007 ii Registration SOR/2006-104 May 18, 2006 CANADIAN ENVIRONMENTAL ASSESSMENT ACT Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations P.C. 2006-403 May 18, 2006 Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(j.2)a of the Canadian Environmental Assessment Actb, hereby makes the annexed Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations. a S.C. 2003, c. 9, s. 29(4) b S.C. 1992, c. 37 Current to June 20, 2022 Last amended on November 15, 2007 Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Canadian Environmental Assessment Act. (Loi) responsible authority means the Business Development Bank of Canada continued and named in subsection 3(1) of the Business Development Bank of Canada Act and Farm Credit Canada continued and named in subsection 3(1) of the Farm Credit Canada Act. (autorité responsable) Application 2 These Regulations apply in respect of projects for which the responsible authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) of the Act. Variations 3 (1) The registry requirements set out in subsections 55.1(2) and 55.3(1) and (2) of the Act are varied in accordance with the schedule. (2) Subsections 20(3) and (4) of the Act apply only if the responsible authority gives or is required to give the public an opportunity to participate in the screening in accordance with subsection 18(3) of the Act. SOR/2007-264, s. 1. Coming into Force 4 These Regulations come into force on June 11, 2006. Current to June 20, 2022 Last amended on November 15, 2007 Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations SCHEDULE Variations SCHEDULE (Subsection 3(1)) Variations 1 (1) The requirement set out in paragraph 55.1(2)(a) of the Act is varied as follows: (a) within 14 days after the commencement of an environmental assessment, notice of its commencement, except if a class screening report is used under subsection 19(5) or (6) or if the screening is to be conducted without public participation; (2) The requirement set out in paragraph 55.1(2)(c) of the Act is varied as follows: (c) a description of the scope of the project in relation to which an environmental assessment is to be conducted as determined under section 15, except when the screening is to be conducted without public participation; (3) The requirements set out in subsection 55.1(2) of the Act are varied by adding the following after paragraph (d) of that subsection: (d.1) a statement of the projects in respect of which a responsible authority takes a course of action under subsection 20(1); (d.2) before the responsible authority takes a course of action under subsection 20(1), any environmental assessment policies, procedures and guidance materials it used in the conduct of the environmental assessment; (4) The requirement set out in paragraph 55.1(2)(f) of the Act is varied as follows: (f) in the case of a screening conducted with public participation or a comprehensive study, notice of termination of an environmental assessment by a responsible authority under section 26; (5) The requirement set out in paragraph 55.1(2)(k) of the Act is varied as follows: (k) the screening or comprehensive study report taken into consideration by a responsible authority for the purpose of a course of action under section 20 or 37 or a description of how a copy of the report may be obtained, except if a class screening report is used under subsection 19(5) or (6) or if the screening is conducted without public participation; (6) The requirements set out in paragraphs 55.1(2)(r) and (s) of the Act are varied as follows: (r) except if a class screening report is used under subsection 19(5) or (6) or if the screening is conducted without public participation, the course of action of a responsible authority, made under section 20 or 37 concerning the Current to June 20, 2022 Last amended on November 15, 2007 Crown Corporations Involved in the Provision of Commercial Loans Environmental Assessment Regulations SCHEDULE Variations environmental effects of the project, and a statement of any mitigation measures the implementation of which the responsible authority took into account in making its decision; (s) in the statement of projects referred to in paragraph (d.1), a notice of any follow-up program considered appropriate pursuant to subsection 38(1) if the screening is conducted without public participation; 2 The requirements set out in subsections 55.3(1) and (2) of the Act are varied as follows: 55.3 (1) A responsible authority shall ensure that the records referred to in paragraphs 55.1(2)(s) and (t) and, in the case of a screening or comprehensive study, the records or information referred to in paragraphs 55.1(2)(h) and (u) and any record or information referred to in paragraph 55.1(2)(v) are included in the Internet site as well as the records referred to in (a) paragraphs 55.1(2)(a), (c), (f), (j), (k) and (r), in the case of a screening conducted with public participation; (b) paragraph 55.1(2)(d.2), in the case of a screening conducted without public participation; and (c) paragraphs 55.1(2)(a), (c), (f), (k) and (r), in the case of a comprehensive study (2) A responsible authority shall ensure that the statements referred to in paragraphs 55.1(2)(d) and (d.1) are included in the Internet site every three months or with any other greater frequency to which it agrees with the Agency. Current to June 20, 2022 Last amended on November 15, 2007

CONSOLIDATION Copyright Regulations SOR/97-457 Current to June 20, 2022 Last amended on June 2, 2007 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. The last amendments came into force on June 2, 2007. 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 Last amended on June 2, 2007 TABLE OF PROVISIONS Copyright Regulations 1 Interpretation Correspondence Application for Registration of Copyright Request for Registration of Assignment or Licence General Repeal Coming into Force SCHEDULE Current to June 20, 2022 Last amended on June 2, 2007 ii Registration SOR/97-457 October 1, 1997 COPYRIGHT ACT Copyright Regulations P.C. 1997-1422 October 1, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Treasury Board, pursuant to sections 59a and 62b of the Copyright Act, hereby makes the annexed Copyright Regulations. a S.C. 1993, c. 15, s. 8 b S.C. 1997, c. 24, s. 37(2) Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Copyright Act. (Loi) Commissioner means the Commissioner of Patents. (commissaire) Correspondence 2 (1) All correspondence intended for the Commissioner shall be addressed to the Copyright Office. (2) Correspondence addressed to the Copyright Office may be physically delivered to the Office during ordinary business hours of the Office and shall be considered to be received by the Office on the day of the delivery. (3) For the purposes of subsection (2), where correspondence addressed to the Copyright Office is physically delivered to the Office outside of its ordinary business hours, it shall be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business. (4) Correspondence addressed to the Copyright Office may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Office may be delivered, during ordinary business hours of that establishment, and (a) where the delivery is made to the establishment on a day that the Office is open for business, the correspondence shall be considered to be received by the Office on that day; and (b) where the delivery is made to the establishment on a day that the Office is closed for business, the correspondence shall be considered to be received by the Office on the day when the Office is next open for business. (5) For the purposes of subsection (4), where correspondence addressed to the Copyright Office is physically delivered to an establishment outside of ordinary business hours of the establishment, it shall be considered to have been delivered to that establishment during ordinary Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations Correspondence Sections 2-5 business hours on the day when the establishment is next open for business. (6) Correspondence addressed to the Copyright Office may be sent at any time by electronic or other means of transmission specified in the Canadian Patent Office Record. (7) For the purposes of subsection (6), where, according to the local time of the place where the Copyright Office is located, the correspondence is delivered on a day when the Office is open for business, it shall be considered to be received by the Office on that day. (8) For the purposes of subsection (6), where, according to the local time of the place where the Copyright Office is located, the correspondence is delivered on a day when the Office is closed for business, it shall be considered to be received by the Office on the day when the Office is next open for business. SOR/2003-211, s. 1. 3 (1) Except as otherwise provided by the Act or these Regulations, communication in respect of a copyright shall be in writing, but the Commissioner may also accept oral communications. (2) The Commissioner may request that an oral communication be confirmed in writing. SOR/2003-211, s. 2. 4 (1) Any address required to be furnished pursuant to the Act or these Regulations shall be a complete mailing address and shall include the street name and number, where one exists, and the postal code. (2) Where the Commissioner has not been notified of a change of address, the Commissioner is not responsible for any correspondence not received by an author, legal representative, any person purporting to be the agent of an author or their legal representative, or by an assignor, assignee, licensor or licensee. Application for Registration of Copyright 5 (1) An application for the registration of a copyright (a) in a work, shall be made in accordance with section 55 of the Act, and deal with the registration of only one work; or (b) in a performer’s performance, sound recording or communication signal, shall be made in accordance with section 56 of the Act, and deal with the Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations Application for Registration of Copyright Sections 5-7 registration of only one performer’s performance, sound recording or communication signal. (2) An application for the registration of a copyright referred to in subsection (1) shall be accompanied by the fee set out in column 2 of item 1 of the schedule. Request for Registration of Assignment or Licence 6 (1) A request for the registration of an assignment of copyright, or a licence granting an interest in a copyright, shall (a) be in writing; and (b) contain the following information: (i) the names and addresses of the assignor and assignee or the licensor and licensee, (ii) a description of the interest being granted by assignment or licence, and (iii) the title of the work, performer’s performance, sound recording or communication signal, and, if available, the registration number of that work, performer’s performance, sound recording or communication signal. (2) A request for registration referred to in subsection (1) shall be accompanied by (a) the evidence required by paragraph 57(1)(a) of the Act; and (b) the fee set out in column 2 of item 2 of the schedule. SOR/2003-211, s. 3. General 7 Where the Commissioner determines that an application for registration of copyright, or a request for registration of an assignment of copyright, or a licence granting an interest in a copyright, is defective because it lacks any information or other item, the Commissioner shall notify the person applying for or requesting registration and that person shall have sixty days from the date of that notice to cure the defect. If the defect is not cured within that sixty day period, the Commissioner shall notify that person that the application or request has been rejected, in which case no further action may be taken for Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations General Sections 7-11 registration unless a fresh application or request is made and the applicable fee set out in the schedule for that fresh application or request is paid. 8 All applications for registration of copyright, requests for registration of an assignment of copyright or of a licence granting an interest in a copyright, and any correspondence to the Commissioner shall be legible and clear and, if in paper form, on white paper that measures at least 21 cm by 28 cm but not more than 22 cm by 35 cm, on one side only, with left and upper margins of at least 2.5 cm. SOR/2003-211, s. 4. 9 The fee to be paid by a user of a service of the Copyright Office set out in column 1 of any of items 3 to 8 of the schedule is the fee set out in column 2 of that item. SOR/2003-211, s. 5. Repeal 10 The Copyright Rules1 are repealed. Coming into Force 11 These Regulations come into force on October 1, 1997. C.R.C., c. 422 Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations SCHEDULE SCHEDULE (Subsection 5(2), paragraph 6(2)(b) and sections 7 and 9) TARIFF OF FEES Column 1 Column 2 Item Service Fee ($) Accepting an application for registration of a copyright (a) pursuant to section 55 of the Act, (i) where the application and fee are submitted on-line to the Copyright Office, via the Canadian Intellectual Property Office web site............... (ii) in any other case............................................. (b) pursuant to section 56 of the Act, (i) where the application and fee are submitted on-line to the Copyright Office, via the Canadian Intellectual Property Office web site............... (ii) in any other case............................................. Accepting for registration an assignment or licence of a copyright pursuant to section 57 of the Act.................. Processing a request for accelerated action on an application for registration of a copyright or for registration of an assignment, licence or other document............................................................................ Correcting a clerical error not committed by the Copyright Office in any instrument of record including, without further fee, issuing a corrected certificate of registration of copyright, pursuant to section 61 of the Act, or processing a request to include in the Register of Copyrights any other document affecting a copyright, (a) where the request and fee are submitted online to the Copyright Office, via the Canadian Intellectual Property Office web site.................................. (b) in any other case................................................... Providing a certified copy in paper form of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules, (a) for each certification.............................................. (b) plus, for each page................................................ Providing a certified copy in electronic form of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules, (a) for each certification.............................................. (b) plus, for each copyright to which the request relates............................................................................ Providing a copy in paper form of a document, for each page, (a) where the user of the service makes the copy using Copyright Office equipment............................. 0.50 (b) where the Copyright Office makes the copy....... Providing a copy in electronic form of a document: (a) for each request..................................................... (b) plus, if the copy is requested on a physical medium, for each physical medium requested in addition to the first....................................................... (c) plus, for each copyright to which the request relates............................................................................ Current to June 20, 2022 Last amended on June 2, 2007 Copyright Regulations SCHEDULE SOR/2003-211, ss. 6, 7; SOR/2007-93, s. 1. Current to June 20, 2022 Last amended on June 2, 2007

CONSOLIDATION Cargo, Fumigation and Tackle Regulations SOR/2007-128 Current to June 20, 2022 Last amended on October 31, 2021 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. The last amendments came into force on October 31, 2021. 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 Last amended on October 31, 2021 TABLE OF PROVISIONS Cargo, Fumigation and Tackle Regulations Interpretation Application PART 1 Cargo 100 Interpretation Exemptions and Equivalents General — Marking Mass of One Tonne or More DIVISION 1 Cargo Other Than Bulk Cargo or Dangerous Goods 103 Application Regulations 2 and 5.1 to 5.5 of Chapter VI of SOLAS Cargo Securing Manual DIVISION 2 Solid Bulk Cargo Other Than Grain 106 Interpretation Application General Chapter VI of SOLAS and the IMSBC Code Chapter XII of SOLAS Dangerous Goods Chapters VI and VII of SOLAS and the IMSBC Code General Precautions Incompatible Goods Current to June 20, 2022 Last amended on October 31, 2021 ii Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Dangerous Goods and Packaged Goods Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Documentation Inspection at the Request of an Interested Person Additions to and Derogations from the IMSBC Code Concentrates Trimming and Levelling Certificates of Readiness to Load Fitness to Proceed Certificates DIVISION 3 Grain Cargo 121 Interpretation Application Chapter VI of SOLAS and the International Grain Code Grain Loading Manuals and Documents of Authorization Alternative Requirements for Vessels in Certain Waters Chapter XII of SOLAS Additional Requirements for a Particular Type of Vessel Before Loading Certificates of Readiness to Load Fitness to Proceed Certificates DIVISION 4 Timber Deck Cargo 130 Interpretation Application Stability Timber Code General Current to June 20, 2022 Last amended on October 31, 2021 iv Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Uprights Lashings and Components Personnel Protection and Safety Devices Stowing Athwartships Lashings and Components — Other Requirements Wrappings and Coverings Certificates of Readiness to Load Fitness to Proceed Certificates DIVISION 5 Packaged Goods 142 Interpretation Application Packaging Packing Carriage of Packaged Goods Power to Refuse to Take Packaged Goods on Board Cargo Securing Manual INF Certificate Precautions Respecting Wheeled Cargo Transport Units Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Closed Vehicle Decks Report of Accident or Incident General Precautions on Vessels Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Loading and Unloading Explosives Loading and Unloading Ammonium Nitrate or Ammonium Nitrate Based Fertilizer Fire Protection Stowing Current to June 20, 2022 Last amended on October 31, 2021 v Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Military Explosives Explosives Used for Marine Drilling and Blasting Operations Inspection at the Request of an Interested Person Equivalents Movement Document or Manifest PART 2 Fumigation 200 Interpretation Application DIVISION 1 General 202 Application Use of Fumigants Fumigating When a Vessel Is Not Alongside Fumigating the Contents of Barges or Cargo Transport Units Notification and Conduct of Fumigation Fumigator-in-Charge Report of Danger DIVISION 2 Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside 209 Application Fumigation Fumigation of Cargo Aeration Clearance Certificates DIVISION 3 Fumigation in Transit Current to June 20, 2022 Last amended on October 31, 2021 v Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Beginning Fumigation in Canadian Waters SUBDIVISION 1 Beginning Fumigation in a Canadian Port Application Methyl Bromide General Equipment and Documents Tests Before Leaving Port When Fumigator-in-charge Is on Board the Vessel After It Leaves Port Before the Fumigator-in-charge Leaves the Vessel SUBDIVISION 2 Fumigation That Begins in a Canadian Port or Outside Canadian Waters Application Fumigant Detected in a Space That Is Likely to Be Occupied Report of Danger Recording Tests Aeration DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit 227 SUBDIVISION 1 Unloading or Topping Off Application Notice Entering Spaces Removal of Signs Conditions for Unloading and Topping Off SUBDIVISION 2 When Cargo Is Not to Be Unloaded or Topped Off Current to June 20, 2022 Last amended on October 31, 2021 vi Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Application Duty of Master Duties of Fumigator-in-charge Leakage of Fumigant Duties of Person Keeping Watch If Cargo is Aerated DIVISION 5 Carriage of Cargo Transport Units That Have Been Fumigated 300 PART 3 Tackle 300 Interpretation Application DIVISION 1 Cargo Gear 302 Compliance Testing, Thorough Examination and Inspection Lifting Appliances Loose Gear and Main Accessory Gear Wire Ropes Metal Fittings Attached to Wire Ropes Prohibitions Registers and Certificates Registers Certificates Easily Identifiable Cargo Gear Prohibitions on Using Cargo Gear Reporting Changes Preservation Safety Factors Safe Working Loads Current to June 20, 2022 Last amended on October 31, 2021 vi Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Exceeding Safe Working Loads Determining Safe Working Loads Derricks Loose Gear — General Slings Wire Rope Marking or Indicating Safe Working Loads Lifting Appliances Main Accessory Gear Pulley Blocks Slings Reduction of Safe Working Loads Rigging Plans Derricks Operation in Union Purchase Boom Angle Guys Preventing Accidental Lifting Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Application General Load Moment Indicator Systems Installation Safe Navigation Use of Appliances Placards Inspection and Maintenance Category 4 Lifting Appliances Onshore or on Restricted Vessels Application Load Moment Indicator Systems Use of Lifting Appliances Current to June 20, 2022 Last amended on October 31, 2021 ix Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS Placards Inspection and Maintenance Mechanical, Electrical, Gearing, Hydraulic and Pneumatic Systems Rope Thread Diameter of Sheaves Pallets Mobile Elevating Work Platforms Forklift Trucks Wrought Iron Loose Gear Repairs Structural and Control Safety Measures Eliminating the Possibility of Dangerous Contact Reducing Risk of Accidental Descent Use of Lifting Appliances with Limit Switches Equipment for Lifting Appliances Control of Steam Report of Accident or Incident Unitized Cargo DIVISION 2 Access Equipment 363 Shore-based Power-operated Ramps Accommodation Ladders Report of Accident or Incident PART 4 Consequential Amendments, Repeals and Coming into Force 400 Consequential Amendments to the Tackle Regulations Repeals Current to June 20, 2022 Last amended on October 31, 2021 x Cargo, Fumigation and Tackle Regulations TABLE OF PROVISIONS *410 Coming into Force SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Fumigation Sign SCHEDULE 4 Testing of Lifting Appliances SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 Load Moment Indicator Systems SCHEDULE 8 Current to June 20, 2022 Last amended on October 31, 2021 x Registration SOR/2007-128 June 7, 2007 CANADA SHIPPING ACT, 2001 Cargo, Fumigation and Tackle Regulations P.C. 2007-926 June 7, 2007 Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d), (e)a and (g)a and subsection 120(1) of the Canada Shipping Act, 2001b, hereby makes the annexed Cargo, Fumigation and Tackle Regulations. a S.C. 2005, c. 29, s. 16(1) b S.C. 2001, c. 26 Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations Interpretation 1 (1) The following definitions apply in these Regulations. Act means the Canada Shipping Act, 2001. (Loi) cargo transport unit means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon or a portable tank. (engin de transport) IMO means the International Maritime Organization. (OMI) Minister means the Minister of Transport. (ministre) short-run ferry means a vessel that regularly operates over the most direct water route between two points not more than 5 km apart and that is limited to the transport of unberthed passengers and of cargo transport units carried on an open vehicle deck. (traversier) SOLAS means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS) (2) For the purpose of interpreting a document incorporated by reference in these Regulations other than CAN/CSA Standard S826.1-01, Ferry Boarding Facilities, “should” shall be read to mean “shall”. (3) For the purposes of these Regulations, every reference to “Administration” in a document incorporated by reference in these Regulations means (a) in respect of a Canadian vessel, the Minister; and (b) in respect of a foreign vessel, the government of the state whose flag the vessel is entitled to fly. (4) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations Application Sections 2-100 Application 2 (1) Except as otherwise provided in Parts 1 to 3, these Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters. (2) These Regulations, other than section 102, do not apply in respect of (a) pleasure craft; or (b) vessels used for commercially catching, harvesting or transporting fish or other living marine resources unless the vessels are 24 m or more in length and their sole participation in those activities is in respect of the catch or harvest of other vessels or of aquaculture facilities. (3) These Regulations do not apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas. [3 to 99 reserved] PART 1 Cargo Interpretation 100 (1) The following definitions apply in this Part. BLU Code means the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, published by the IMO. (Recueil BLU) bulk cargo means any cargo that is generally uniform in composition and is loaded directly into the cargo space of a vessel without any intermediate form of containment. (cargaison en vrac) company (a) in respect of a Canadian vessel, means its authorized representative; and (b) in respect of a foreign vessel, has the meaning assigned by regulation 1 of Chapter IX of SOLAS. (compagnie) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo Interpretation Sections 100-101 CSS Code means the Code of Safe Practice for Cargo Stowage and Securing, published by the IMO. (Recueil CSS) dangerous goods, except in Division 2, means the substances, materials and articles covered by the IMDG Code. (marchandises dangereuses) IMDG Code means the International Maritime Dangerous Goods Code, published by the IMO. (Code IMDG) inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes) inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada) International Grain Code means the International Code for the Safe Carriage of Grain in Bulk, published by the IMO. (Recueil international de règles sur les grains) near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2) packaged goods means dangerous goods in a form of containment specified in the IMDG Code for those goods. (marchandises emballées) sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées) (2) For the purpose of this Part, a vessel is constructed on the earliest of (a) the day on which its keel is laid, (b) the day on which construction identifiable with a specific vessel begins, and (c) the day on which assembly of the vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material. SOR/2021-135, s. 37. Exemptions and Equivalents 101 For the purposes of this Part, the Marine Technical Review Board established under section 26 of the Act Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo Exemptions and Equivalents Sections 101-104 may exercise the powers of the Administration under regulations 4 and 5 of Chapter I of SOLAS. General — Marking Mass of One Tonne or More 102 (1) No person shall consign to be loaded on a vessel in Canadian waters a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object. (2) The authorized representative and the master of a vessel in Canadian waters, and every agent charged with loading a vessel in Canadian waters, shall not cause or permit to be loaded on the vessel a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object. (3) If the exact mass of the package or object would be difficult to ascertain because of its nature, an approximate mass may be marked accompanied by the word “approximate” or “approximatif”, or a reasonable abbreviation. DIVISION 1 Cargo Other Than Bulk Cargo or Dangerous Goods Application 103 This Division applies in respect of loading and carrying cargo other than bulk cargo or dangerous goods. Regulations 2 and 5. 1 to 5. 5 of Chapter VI of SOLAS 104 (1) Every shipper of cargo to be loaded in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS. (2) Every person who packs cargo shall comply with regulations 5.2 and 5.5 of Chapter VI of SOLAS. (3) The master of a vessel shall ensure that the requirements of regulations 5.1, 5.3 and 5.4 of Chapter VI of SOLAS are met. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 1 Cargo Other Than Bulk Cargo or Dangerous Goods Cargo Securing Manual Sections 105-106 Cargo Securing Manual 105 (1) The master of a vessel engaged on or about to engage on a voyage shall ensure that the requirements of regulation 5.6 of Chapter VI of SOLAS are met and keep on board the Cargo Securing Manual referred to in that regulation unless (a) the vessel is a Canadian vessel engaged or about to engage on a sheltered waters voyage or a near coastal voyage, Class 2; or (b) the vessel is engaged or about to engage on an inland voyage. (2) For the purposes of regulation 5.6 of Chapter VI of SOLAS, the Minister shall, on application, approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code. DIVISION 2 Solid Bulk Cargo Other Than Grain Interpretation 106 (1) The following definitions apply in this Division. BC Code [Repealed, SOR/2021-60, s. 2] concentrates means materials that are obtained from a natural ore by a process of enrichment or benificiation by physical or chemical separation and removal of unwanted constituents. (concentrés) dangerous goods means materials that are covered by the IMDG Code and are solid bulk cargo. (marchandises dangereuses) double-side skin means, in respect of a vessel, that each side of the vessel is constructed by the side shell and a longitudinal bulkhead that connects the double bottom and the deck. Hopper side tanks and top-side tanks may, if fitted, be integral parts. (double muraille) IMSBC Code means the International Maritime Solid Bulk Cargoes Code, published by the IMO. (Code IMSBC) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Interpretation Section 106 incompatible, in respect of two or more kinds of goods, means that the goods may react dangerously when mixed. (incompatible) length, in respect of a vessel, means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline if that is greater. In vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur) single-side skin construction, in respect of vessel, means that (a) any part of a cargo hold is bounded by the side shell; or (b) one or more cargo holds are bounded by a doubleside skin with a width measured perpendicular to the side shell of less than 760 mm in vessels constructed before January 1, 2000 and less than 1 000 mm in vessels constructed on or after January 1, 2000 but before July 1, 2006. (muraille simple) solid bulk cargo means any bulk cargo other than liquid or gas. (cargaison solide en vrac) space means an enclosed space in a vessel. (espace) (2) If dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall be regarded as a single vessel for the purposes of this Division. (3) For the purposes of this Division, every reference to “competent authority”, “authority of the port of State” or “appropriate authority” in the IMSBC Code means (a) in the case of a vessel in Canadian waters or a Canadian vessel in international waters, the Minister; (b) in the case of a vessel in the waters of a foreign state, the government of that state; and (c) in the case of a foreign vessel in international waters, the government of the state whose flag the vessel is entitled to fly. SOR/2021-60, s. 2; SOR/2021-60, s. 4. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Application Sections 107-108 Application 107 This Division applies in respect of loading, carrying and unloading solid bulk cargo other than grain. General Chapter VI of SOLAS and the IMSBC Code [SOR/2021-60, s. 4] 108 (1) The master of a vessel shall ensure that the requirements of the following are met: (a) regulation 3.1 of Chapter VI of SOLAS; (b) Part B of Chapter VI of SOLAS, except in so far as the requirements apply to the terminal representative; and (c) subject to section 117, the IMSBC Code. (2) Every terminal representative shall ensure that the requirements of Part B of Chapter VI of SOLAS that apply to terminal representatives are met. (3) Regulation 7.2 of Chapter VI of SOLAS does not apply before January 1, 2011 in respect of a Canadian vessel that is not a Safety Convention vessel if the master has comprehensive information on the following: (a) the effects of loading, carrying and unloading solid bulk cargo on the vessel’s stability; and (b) the distribution of solid bulk cargo so as not to overstress the vessel’s structure under standard loading conditions. (4) The master and the terminal representative shall ensure that the plan required by regulation 7.3 of Chapter VI of SOLAS contains the information required by Appendix 2 to the BLU Code. For vessels in respect of which subsection (3) applies, the plan need not contain the calculated values of maximum permissible bending moments and shear forces. (5) The master shall keep a copy of the plan on board. (6) For the purposes of this section in respect of loading or unloading a vessel in Canadian waters, the reference in Part B of Chapter VI of SOLAS to “the appropriate authority of the port State” shall be read as a reference to “the terminal operator”. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain General Sections 108-109 (7) In this section, terminal representative has the same meaning as in regulation 7.1 of Chapter VI of SOLAS. SOR/2021-60, s. 4. Chapter XII of SOLAS 109 (1) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulations 6.1.1 to 6.1.3 of Chapter XII of SOLAS (a) in the case of a vessel constructed 17 years or more before the day on which this section comes into force, no later than the day on which this section comes into force; and (b) in the case of a vessel constructed less than 17 years before the day on which this section comes into force, on the earliest of (i) the seventeenth anniversary of the date of its construction, (ii) the day on which this section comes into force if on or before that day and after the fifteenth anniversary of the date of its construction the vessel had a periodical inspection required by regulation 2 of Chapter XI of SOLAS, and (iii) the day on which it has its first periodical inspection required by regulation 2 of Chapter XI of SOLAS after the fifteenth anniversary of the date of its construction if that day is after the day on which this section comes into force. (2) The master of a Safety Convention vessel shall ensure that the vessel complies with regulation 6.4 of Chapter XII of SOLAS. (3) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed on or after July 1, 1996 but before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 7.1 of Chapter XII of SOLAS. (4) The authorized representative of a Safety Convention vessel shall ensure that the requirement of regulation 8.3 of Chapter XII of SOLAS is met. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain General Sections 109-110 (5) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel complies with regulation 11.1 of Chapter XII of SOLAS. (6) Subsection (5) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply in respect of the vessel. (7) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel complies with regulation 11.3 of Chapter XII of SOLAS. (8) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 14 of Chapter XII of SOLAS, unless that regulation does not apply in respect of the vessel. Dangerous Goods Chapters VI and VII of SOLAS and the IMSBC Code [SOR/2021-60, s. 4] 110 (1) The master of a vessel shall ensure that the requirements of regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS are met. (2) Every company shall ensure that the requirements of regulation 7-4.2 of Chapter VII of SOLAS are met in respect of its vessels. (3) Every person on or in the vicinity of a vessel that is carrying dangerous goods or onto or from which dangerous goods are being loaded or unloaded shall take the measures specified in respect of those goods in the IMSBC Code with respect to the activities in which they are engaged. (4) The master of a tug who takes charge of an unoccupied barge carrying dangerous goods shall, before commencing any voyage, (a) ensure, to the extent that it is feasible, that the goods are carried in accordance with Part B of Chapter VI of SOLAS, regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS and the IMSBC Code; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Dangerous Goods Sections 110-112 (b) be in possession of the documents required by section 115 in respect of those goods. SOR/2021-60, s. 4. General Precautions 111 (1) Every person on a vessel who enters either a cargo space containing dangerous goods or a space adjacent to that cargo space shall (a) comply with the requirements of the IMSBC Code regarding wearing self-contained breathing apparatus; (b) be aware of the potential dangers in entering the space that are described in the IMSBC Code; and (c) be under the supervision of a vessel’s officer designated by the master. (2) If dangerous goods are to be loaded onto or unloaded from a vessel, its master shall ensure that an officer of the vessel or a person designated by its authorized representative is present while the goods are loaded or unloaded and while the cargo spaces are open. (3) The master of a vessel carrying dangerous goods shall determine the areas on the vessel where smoking or using naked lights or spark-producing equipment could create a fire or explosion hazard and display warning notices in conspicuous places on board the vessel prohibiting the activity in those areas. (4) Before dangerous goods are loaded into a cargo space, the master shall ensure that (a) the space is cleaned of all loose debris, dunnage and oil residue and is dry; and (b) the bilges in the space are substantially dry and free from extraneous material and can allow water outside the bilges to drain to the bilge sections while preventing the cargo from entering the bilges. SOR/2021-60, s. 4. Incompatible Goods 112 (1) No person shall simultaneously load or unload (a) incompatible dangerous goods; or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Dangerous Goods Sections 112-114 (b) dangerous goods and other goods that are incompatible with them. (2) The person in charge of loading incompatible dangerous goods shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods. (3) The person in charge of loading dangerous goods and other goods that are incompatible with them shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods. (4) If the unloading of incompatible dangerous goods is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed. (5) If the unloading of dangerous goods and other goods that are incompatible with them is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed. (6) The person in charge of loading incompatible dangerous goods shall ensure that they are segregated in accordance with the IMSBC Code. SOR/2021-60, s. 4. Dangerous Goods and Packaged Goods 113 If dangerous goods are to be carried with packaged goods, the person in charge of loading the goods shall ensure that they are segregated in accordance with the IMSBC Code. SOR/2021-60, s. 4. Ammonium Nitrate and Ammonium Nitrate Based Fertilizer 114 (1) No person shall load or unload (a) ammonium nitrate; or (b) more than 10 000 tonnes of ammonium nitrate based fertilizer. (2) At least 24 hours before 150 tonnes or more of ammonium nitrate based fertilizer are to be loaded onto or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Dangerous Goods Sections 114-115 unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place: (a) the Department of Transport Marine Safety Office nearest to that location; and (b) the harbour master at the port or, if there is no harbour master, the person responsible for the port. (3) The notification shall confirm that the fertilizer is considered to be free from the hazard of self-sustaining decomposition when tested in accordance with section 4 of Appendix 2 to the IMSBC Code. (4) The harbour master at the port or, if there is no harbour master, the person responsible for the port at the location where loading or unloading ammonium nitrate based fertilizer will take place shall ensure that information in respect of fire prevention, emergency procedures, storage, cleanliness and separation from contaminants and other dangerous goods is available at the location. SOR/2021-60, s. 4. Documentation 115 (1) Every shipper of solid bulk cargo to be loaded onto a vessel in Canadian waters shall comply with (a) regulation 2 of Chapter VI and regulation 10 of Chapter XII of SOLAS; (b) section 4 of the IMSBC Code; and (c) the provisions, if any, with respect to that cargo that are set out in a schedule to Appendix 1 to the IMSBC Code and that apply to the shipper. (2) If the shipper does not provide a vessel’s master with the documents required to comply with subsection (1), the vessel’s authorized representative and its master shall refuse to carry the cargo. (3) While solid bulk cargo is carried on a vessel, the vessel’s master shall keep on board (a) the documents required to comply with the provisions referred to in paragraphs (1)(a) to (c); (b) the IMSBC Code; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Documentation Sections 115-115.1 (c) if the cargo is dangerous goods, the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO. (4) Despite subsection (3), if the cargo is carried on an unoccupied vessel that is under tow, the master of the towing vessel shall keep the documents on board the towing vessel. (5) If the cargo is carried on an unoccupied vessel that is not under tow, the person in charge of the unoccupied vessel shall ensure that the documents are kept on it in a manner that will keep them clean and dry and readily accessible for inspection. (6) The master of a vessel carrying solid bulk cargo other than dangerous goods shall keep on board a document, such as a detailed stowage plan, that lists the cargo by its bulk cargo shipping name and sets out its location. SOR/2021-60, s. 4. 115.1 (1) For the purpose of complying with paragraph 115(1)(b) and section 4.3.3 of the IMSBC Code, a shipper shall, (a) before implementing their procedures for sampling, testing and controlling the moisture content of cargo, request that the Minister perform an initial verification of these procedures; (b) before the first anniversary date of the most recent letter of approval issued under paragraph (4)(a), request that the Minister perform an intermediate verification of the procedures for which the letter of approval was issued; and (c) before the expiry date of the most recent letter of approval issued under paragraph (4)(a) or (c), request that the Minister perform a renewal verification of the procedures for which the letter of approval was issued. (2) If a shipper modifies the procedures for which a letter of approval has been issued under paragraph (4)(a) or (c), the shipper shall, before implementing the modified procedures, request that the Minister perform an initial verification of these procedures. (3) On request by a shipper, the Minister shall perform the requested verification. (4) The Minister shall Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Documentation Sections 115.1-116 (a) issue a letter of approval to a shipper if, following an initial verification, the Minister is satisfied that the shipper’s procedures comply with the applicable provisions of the IMSBC Code; (b) endorse a letter of approval issued under paragraph (a) if, following an intermediate verification, the Minister is satisfied that the procedures for which the letter of approval was issued are being properly implemented by the shipper; or (c) issue a letter of approval to a shipper if, following a renewal verification, the Minister is satisfied that the shipper’s procedures comply with the applicable provisions of the IMSBC Code in force at the time of the renewal verification and are being properly implemented by the shipper. SOR/2021-60, s. 3. Inspection at the Request of an Interested Person 116 (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with sections 110 to 115 shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with sections 110 to 115 if an interested person makes a request to the Department of Transport Marine Safety Office nearest to the vessel. (2) The inspector shall provide a signed statement to the vessel’s master and the interested person (a) specifying the name, registration number, port of registry and gross tonnage of the vessel; (b) specifying the date of the inspection; and (c) stating the results of the inspection. (3) [Repealed, SOR/2021-59, s. 21] (4) [Repealed, SOR/2021-59, s. 21] (5) [Repealed, SOR/2021-59, s. 21] SOR/2021-59, s. 21. Additions to and Derogations from the IMSBC Code [SOR/2021-60, s. 4] Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Additions to and Derogations from the IMSBC Code Section 117 117 (1) If a self-unloading vessel that loads or unloads coal at a Canadian port does not have electrical cables and components situated in spaces adjacent to cargo spaces that are safe for use in hazardous zones, the vessel’s master shall ensure that (a) means are provided for positive isolations; (b) the electrical cables and components in those spaces have a minimum of Class II, Division 2, Group F rating, in accordance with Part I of the Canadian Electrical Code; (c) a mechanical ventilation system is operating in unloading tunnels and loopbelt tunnels and any other transfer equipment and, if an exhaust fan is part of the system, it is certified by its manufacturer as safe for use in an explosive atmosphere; and (d) the operational procedures for the mechanical ventilation system in an explosive atmosphere are documented and in place. (2) Instead of ensuring compliance with the requirement in the COAL schedule to Appendix 1 to the IMSBC Code that holds be surface-ventilated for the first 24 hours after departure from the loading port, the master of a selfunloading vessel that loads coal at a Canadian port before or during an inland voyage may ensure that the holds are ventilated by other methods that reduce methane concentration and that the spaces adjacent to the cargo spaces are ventilated before electrical power sources are activated. (3) The master of a self-unloading vessel that loads or unloads coal at a Canadian port before, during or after an inland voyage need not ensure that supply-ventilation equipment for tunnels is safe for use in an explosive atmosphere. (4) If the carbon monoxide level in a cargo space increases steadily or exceeds 50 ppm, the master of a self-unloading vessel that loads or unloads coal at a Canadian port before, during or after an inland voyage may meet the requirements of subsection (5) instead of (a) ensuring that the cargo space is completely closed down and all ventilation ceased; (b) seeking expert advice immediately; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Additions to and Derogations from the IMSBC Code Sections 117-118 (c) notifying the vessel’s owners. (5) The requirements referred to in subsection (4) are the following: (a) to ensure that readings of the carbon monoxide level and the lower explosion limit are taken at least every 4 hours in the first 24 hours of sailing and after that at least (i) once per day if the carbon monoxide levels are less than 50 ppm, (ii) twice per day if the carbon monoxide levels are 50 ppm or more but less than 500 ppm, and (iii) once every 4 hours if the carbon monoxide levels are 500 ppm or more; and (b) to notify the vessel’s owners and the Department of Transport Marine Safety Office nearest to the vessel if both the carbon monoxide level and the lower explosion limit are simultaneously increasing. SOR/2021-60, s. 4. Concentrates Trimming and Levelling 118 The master of a vessel that is departing from a Canadian port and is loaded in a hold with iron ore concentrates or sulphide concentrates of lead, copper or zinc for export to a place that is not within the limits of an inland voyage shall ensure that the concentrates are trimmed and levelled so that (a) they reach all boundaries of the hold; (b) they slope uniformly from the hatch boundaries to the bulkheads; (c) no shearing faces remain to collapse during the voyage; (d) in the case of iron ore concentrates, the height differences between the peaks and troughs in the square of the hatch of the hold do not exceed 5% of the vessel’s breadth; and (e) in the case of sulphide concentrates, the height differences between the peaks and troughs do not exceed Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Concentrates Sections 118-119 5% of the vessel’s breadth in the athwartship direction for the full width of the hold. Certificates of Readiness to Load 119 (1) This section applies in respect of vessels that load concentrates for export to a place that is not within the limits of an inland voyage. (2) No vessel in Canadian waters shall load concentrates except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec. (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if (a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS are met; (b) the requirements of the IMSBC Code that apply before loading are met; (c) the documents referred to in subsection 115(3) are on board; (d) the vessel’s master is familiar with the hazards that can occur as a result of concentrate oxidation; and (e) the vessel is in fit condition to carry concentrates in the holds in which they are to be loaded. (4) The Minister may, for the purpose of ensuring compliance with sections 108, 109, 115 and 118, specify the following terms and conditions in a Certificate of Readiness to Load: (a) the type of concentrates that may be loaded; (b) the holds into which the concentrates may be loaded; (c) the manner in which the concentrates are to be distributed so as not to overstress the vessel’s structure under standard loading conditions; (d) the stowage factor used in the stability calculation for the concentrates; and (e) the trimming and levelling required. (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 2 Solid Bulk Cargo Other Than Grain Concentrates Sections 119-121 Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the master a written statement setting out those requirements. SOR/2021-60, s. 4. Fitness to Proceed Certificates 120 (1) No vessel that is carrying concentrates for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2). (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with concentrates if (a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS and the requirements of the IMSBC Code are met; (b) if a Certificate of Readiness to Load was issued under subsection 119(3), the vessel was loaded in accordance with the Certificate; and (c) the vessel is fit to proceed to sea. SOR/2021-60, s. 4. DIVISION 3 Grain Cargo Interpretation 121 (1) The following definitions apply in this Division. grain means wheat, corn, oats, rye, barley, rice, pulses and other seeds and the processed form of seeds whose behaviour is similar to that of seeds in their natural state. (grain) length, in respect of a vessel, means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline if that is greater. In vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Interpretation Sections 121-124 (2) For the purposes of this Division, the reference in A4 of the International Grain Code to “an equivalent accepted by the Administration in accordance with regulation I/5 of the International Convention for the Safety of Life at Sea, 1974, as amended” shall, in respect of Canadian vessels, be read as a reference to “a replacement granted by the Marine Technical Review Board under section 28 of the Canada Shipping Act, 2001 or an equivalent accepted by that Board under section 102 of the Cargo, Fumigation and Tackle Regulations”. Application 122 This Division applies in respect of (a) Canadian vessels that are loading or carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage, a sheltered waters voyage or a near coastal voyage, Class 2; (b) vessels in Canadian waters that are loading or carrying grain in bulk that is for export to a place that is not within the limits of an inland voyage; and (c) foreign vessels in Canadian waters that are carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage. Chapter VI of SOLAS and the International Grain Code 123 (1) Subject to section 125, the master of a vessel shall ensure that the requirements of regulation 3.1 of Chapter VI of SOLAS and the requirements of the International Grain Code are met. (2) Every shipper of grain to be loaded onto a vessel in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS. Grain Loading Manuals and Documents of Authorization 124 (1) On application, the Minister shall approve a Canadian vessel’s grain loading manual if Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Grain Loading Manuals and Documents of Authorization Sections 124-125 (a) it includes the information referred to in sections 6.2 and 6.3 of the International Grain Code and that information can be used to ensure that the vessel meets the requirements of the Code; and (b) it is in English or French. (2) On application, the Minister shall issue a document of authorization to a Canadian vessel if the vessel’s grain loading manual has been approved under subsection (1). Alternative Requirements for Vessels in Certain Waters 125 (1) The master of a vessel may ensure that the requirements of subsection (2) are met in lieu of the requirements of sections 7 to 9 of the International Grain Code while the vessel is in the following waters and is proceeding to a port in those waters: (a) the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W; or (b) the waters bounded by the coast of the Province of British Columbia and the State of Washington and lying between a straight line drawn along the parallel of latitude 50° N from Vancouver Island to the Canadian mainland and a straight line drawn north from Cape Flattery to Vancouver Island. (2) The requirements referred to in subsection (1) are the following: (a) the longitudinal strength of the vessel is not impaired; (b) any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents are met; (c) the forecast of the weather to be encountered on the voyage, provided by the appropriate national marine weather services, is checked and the vessel does not proceed when unusually adverse weather conditions are forecast; (d) as many holds as possible are filled; (e) upsetting moments are reduced to a minimum; (f) all partly filled holds are trimmed level in the athwartship direction; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Alternative Requirements for Vessels in Certain Waters Sections 125-126 (g) throughout the voyage, the initial metacentric height of the vessel exceeds, after correction for the free surface effects of liquids in tanks, each of the values determined by the following formulae: (i) (upsetting moment × 3.73) / displacement, and (ii) (upsetting moment × beam) / (displacement × freeboard). (3) For the purpose of paragraph (2)(d), a hold with a saucer is considered to be filled if it is temporarily secured by lining it with one layer of bagged grain or with other cargo that is tightly stowed and exerts at least the same pressure as a layer of bagged grain. (4) For the purpose of paragraph (2)(g), the upsetting moment for unsecured holds with no centreline division is the value obtained by the formula (0.0177 × L x B3) / SF and the upsetting moment for unsecured holds with a centreline division is the value obtained by the formula (0.0044 × L × B3) / SF where L is equal to the aggregate length of unsecured holds; B is equal to the moulded breadth of the vessel or the breadth of slack grain surface, whichever is lesser; and SF is the volume per unit weight of the grain. Chapter XII of SOLAS 126 (1) The master of a Safety Convention vessel shall ensure that the vessel meets the requirements of regulation 6.4 of Chapter XII of SOLAS. (2) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel meets the requirements of regulation 11.1 of Chapter XII of SOLAS. (3) Subsection (2) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply in respect of the vessel. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Chapter XII of SOLAS Sections 126-127 (4) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel meets the requirements of regulation 11.3 of Chapter XII of SOLAS. Additional Requirements for a Particular Type of Vessel Before Loading 127 (1) The master of a vessel designed to carry liquid bulk cargoes shall ensure that grain is not loaded onto the vessel unless (a) in each hold, the stripping line suction or one of the main cargo line suctions is enclosed by a box that is (i) constructed of lumber that is at least 64 mm × 64 mm or another material that is at least as strong, (ii) large enough to enclose a volume of at least 0.6 m3, and (iii) fitted with drainage arrangements that are designed so that (A) water outside the box drains towards the suction while grain is prevented from entering the box after the cargo is loaded, and (B) if they have holes or spaces, the total area of the holes or spaces is at least six times the crosssectional area of the suction pipe; (b) each hold is fitted with (i) a permanent undamaged sounding pipe that (A) is fitted with a cap in good working order, (B) is grain-tight, (C) has an opening only at its upper and lower extremities, and (D) extends from above the main deck level to a level not more than 75 mm above the vessel’s bottom plating, or (ii) a temporary sounding pipe that (A) is constructed of semi-rigid plastic tubing or another material that is similar in strength and flexibility, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Additional Requirements for a Particular Type of Vessel Before Loading Sections 127-128 (B) has an internal diameter of at least 38 mm, and (C) meets the requirements of clauses (i)(A) to (D); (c) all heating coils for the holds are cooled and drained of water and their valves secured closed by means of wire lashings; (d) all main-deck pipeline valves are secured closed by means of wire lashings; and (e) all sea valves for the holds are closed by inserting blanks adjacent to the valves or by securing the valves with chain lashings and padlocks. (2) The master shall ensure that grain is not loaded onto a vessel, other than one designed to carry liquid bulk cargoes, unless the bilges in every hold are free of extraneous material and can allow water outside the bilges to drain to the bilge suctions while preventing grain from entering the bilges. Certificates of Readiness to Load 128 (1) No vessel in Canadian waters shall load grain except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec. (2) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if (a) the applicable requirements of sections 123 and 125 to 127 are met; (b) the documents required by regulations 2 and 7.2 of Chapter VI of SOLAS and section 3.1 of the International Grain Code are on board; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Certificates of Readiness to Load Sections 128-129 (c) the proposed loading would meet any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents; (d) the vessel is in fit condition to carry grain in the holds in which it is to be loaded; and (e) the Minister has (i) received written approval for loading under paragraph 58(2)(a) of the Plant Protection Regulations, or (ii) been advised under paragraph 58(2)(b) of the Plant Protection Regulations that inspection and approval of the vessel are not required. (3) The Minister may, for the purpose of ensuring compliance with sections 123 and 125 to 127, specify the following terms and conditions in a Certificate of Readiness to Load: (a) the type of grain that may be loaded; (b) the holds into which the grain may be loaded; (c) the stowage factor used in the stability calculation for the grain; and (d) the trimming and levelling required. (4) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements. Fitness to Proceed Certificates 129 (1) No vessel that is carrying grain for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2). (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with grain if (a) the applicable requirements of sections 123 and 125 to 127 are met; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 3 Grain Cargo Fitness to Proceed Certificates Sections 129-132 (b) if a Certificate of Readiness to Load was issued under subsection 128(2), the vessel was loaded in accordance with the Certificate; and (c) the vessel is fit to proceed to sea. DIVISION 4 Timber Deck Cargo Interpretation 130 The following definitions apply in this Division. timber includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. (bois) Timber Code means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991, published by the IMO. (Recueil de bois en pontée) Application 131 This Division applies in respect of vessels that are 24 m or more in overall length and are loading or carrying timber on an uncovered part of a freeboard or superstructure deck for export or import. Stability 132 (1) The master of a vessel shall ensure that the curve of minimum operational metacentric height versus draught described in regulation 25-8.1.1 of Chapter II-1 of SOLAS is not exceeded if the vessel (a) is 100 m or more in subdivision length and was constructed on or after February 1, 1992; or (b) is 80 m or more but less than 100 m in subdivision length and was constructed on or after July 1, 1998. (2) The master of a vessel that is less than 80 m in subdivision length shall ensure that the requirements of Appendix C to the Timber Code are met. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Stability Sections 132-135 (3) In this section, “subdivision length” has the same meaning as in regulation 25-2 of Chapter II-1 of SOLAS. Timber Code General 133 The master of a vessel shall ensure that the requirements of chapters 2 to 6 of the Timber Code, and Appendices A and B to the Code, are met. Uprights 134 For the purpose of 4.2.1 of the Timber Code, uprights shall be fitted on a vessel that is within a seasonal winter load line zone and is loaded in a Canadian port within the period during which the winter load line is applicable if (a) the maximum height of the cargo above the weather deck exceeds 2.44 m; or (b) the maximum height of the cargo above the hatch cover exceeds 2.44 m or there are more than two tiers of bundles of lumber above the hatch cover. Lashings and Components 135 (1) For the purpose of 4.5.1 of the Timber Code, all lashings used for the securing of timber shall be tested by a competent person to determine whether they (a) meet the requirements of 4.1.2 of the Code; (b) in the case of chains, have a link weld capable of a 90° cold bend without separation; and (c) in the case of flexible steel wire ropes, are at least 16 mm in diameter. (2) For the purpose of 4.5.1 of the Timber Code, all components used for the securing of timber shall be tested by a competent person to determine whether they (a) meet the requirements of 4.1.2.2 and 4.1.2.3 of the Code; and (b) have a breaking strength of at least 14 100 kg. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Timber Code Section 135 (3) For the purpose of 4.5.1 of the Timber Code, if lashings or components meet the requirements referred to in subsection (1) or (2), as the case may be, the competent person shall (a) mark each of them in a distinctive manner that indicates the month and year of testing; and (b) sign and issue a certificate that sets out (i) the distinguishing mark, (ii) a description of the lashings or components, (iii) the date of testing, (iv) the number of similar lashings or components tested on that date, (v) the proof load, (vi) the original breaking strength, (vii) their name and (A) if they are an employee, the name and address of their employer, or (B) if they are not an employee, their address, and (viii) the qualifications that qualify them as a competent person. (4) For the purpose of 4.5.1 of the Timber Code, (a) the lashings and components in respect of which a certificate is issued under paragraph (3)(b) shall be retested by a competent person at least once every four years after the day on which the certificate is issued to determine whether or not they exhibit permanent deformation after having been subjected to a proof load of at least 40% of their original breaking strength; and (b) if the lashings or components do not exhibit permanent deformation in the test, the competent person may sign and issue a certificate that sets out the information specified in paragraph (3)(b). (5) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the diameter of a section of a lashing or component appears to be reduced by 5% or more from its original diameter, any certificate issued in respect of the lashing or component is invalid unless Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Timber Code Section 135 (a) if the reduction is 10% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or (b) if the reduction is more than 10%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its diameter, is tested by a competent person to destruction and has a breaking strength of at least 133 kN. (6) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the cross-sectional area of a section of a lashing or component appears to be reduced by 10% or more from its original area, any certificate issued in respect of the lashing or component is invalid unless (a) if the reduction is 20% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or (b) if the reduction is more than 20%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its cross-sectional area, is tested by a competent person to destruction and has a breaking strength of at least 133 kN. (7) For the purpose of 4.5.1 of the Timber Code, any certificate issued in respect of a web lashing is invalid if when a visual examination under 4.5.3 of the Timber Code or section 138 is made it appears that (a) the length of an edge cut exceeds the lashing’s thickness; (b) the depth of an abrasion is more than 15% of the lashing’s thickness, taken as a proportion of all plies; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Timber Code Sections 135-136 (c) the total depth of abrasions on both sides of the lashing is more than 15% of the lashing’s thickness, taken as a proportion of all plies; (d) the depth of the warp thread damage is 50% or less of the lashing’s thickness and the damage (i) is within 25% of the width of the lashing from its edge, or (ii) is over an area that is more than 25% of the lashing’s width; (e) the depth of the warp thread damage is more than 50% of the lashing’s thickness and the damage (i) is within 25% of the width of the lashing from its edge, or (ii) is over an area that is more than 12.5% of the lashing’s width; (f) weft thread damage allows warp threads to separate over an area that is wider than 25% of the lashing’s width and longer than twice its width; (g) any part of the lashing is melted, charred or damaged by chemicals; (h) load-bearing stitches are broken or worn; or (i) the web-lashing is damaged in such a way that the total effect of the damage on the lashing is approximately the same as the effect of any of the types of damage referred to in paragraphs (a) to (h). (8) In this section, competent person means a professional engineer or a person with similar qualifications. Personnel Protection and Safety Devices 136 (1) The English version of 5.1 of the Timber Code shall be read without reference to “and workers”. (2) Compliance with the requirements of 5.3 of the Timber Code is required only on the completion of loading and securing. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Timber Code Sections 137-139 Stowing Athwartships 137 Despite 2.8 of Appendix A to the Timber Code, athwartship packages may be laid in two adjacent tiers in the deck stow above the level of the hatches if they (a) are overstowed by at least two layers of packages in the fore and aft direction; (b) are separated from any other athwartship layers in the deck stow by at least one layer of packages in the fore and aft direction; and (c) are not wrapped in any material that would facilitate movement of the tiers. Lashings and Components — Other Requirements 138 (1) The master of a vessel shall ensure that lashings and components are visually examined before timber is loaded. (2) The master shall ensure that lashings are 13 mm or more in diameter in the case of chains and 16 mm or more in diameter in the case of wire rope. Wrappings and Coverings 139 (1) The master of a vessel shall ensure that (a) there are no wrapped bundles of lumber on the outside or next to the outside of the upper tier unless the wrapping has a non-skid surface; and (b) any wrapped bundles of lumber with uneven lengths are marked distinctively. (2) Unless a vessel’s Cargo Securing Manual sets out requirements with respect to the use of coverings, such as tarpaulins, on timber, if timber is covered the vessel’s master shall ensure that (a) the covering is secured to withstand the intended voyage; (b) if there is more than one tier of timber, bundles of timber on the top tier are tightly packed so as to provide as continuous a surface as possible for the covering to rest on; and (c) any gaps between bundles are filled in or marked. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Wrappings and Coverings Sections 139-140 Certificates of Readiness to Load 140 (1) This section applies in respect of vessels in Canadian waters that load timber for export to a place that is not within the limits of an inland voyage. (2) No vessel in Canadian waters shall load timber except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec. (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if (a) the applicable requirements of sections 132 to 139 are met; (b) the Timber Code is on board the vessel; and (c) the vessel is in fit condition to carry timber on the uncovered part of the freeboard or superstructure deck on which the timber is to be loaded. (4) The Minister may, for the purpose of ensuring compliance with sections 132 to 139, specify the following terms and conditions in a Certificate of Readiness to Load: (a) the type of timber that may be loaded; (b) the freeboard or superstructure deck on which the timber may be loaded; (c) the manner in which the timber is to be distributed; (d) the ballast that is to be used; and (e) the uprights that are required. (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 4 Timber Deck Cargo Fitness to Proceed Certificates Sections 141-142 Fitness to Proceed Certificates 141 (1) No vessel that is carrying timber for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2). (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with timber if (a) the applicable requirements of sections 132 to 139 are met; (b) if a Certificate of Readiness to Load was issued under subsection 140(3), the vessel was loaded in accordance with the Certificate; and (c) the vessel is fit to proceed to sea. DIVISION 5 Packaged Goods Interpretation 142 The following definitions apply in this Division. compatible, in respect of goods, means able to be stowed together without creating undue hazards in case of leakage, spillage or other accidents. (compatible) INF cargo means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo in accordance with Class 7 of the IMDG Code. (cargaison INF) INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, published by the IMO. (Recueil INF) military explosives means explosives that are under the control of (a) the Minister of National Defence; (b) the military establishment of a member country of the North Atlantic Treaty Organization; or (c) the military establishment of another country under an agreement with the Department of National Defence. (explosifs militaires) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Interpretation Sections 142-144 net explosives quantity means the net mass of explosives but does not include the mass of the means of containment. (quantité nette d’explosifs) passenger vessel means a vessel that is carrying at least (a) the greater of 25 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying dangerous goods other than explosives; and (b) the lesser of 13 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. (bâtiment à passagers) Application 143 (1) This Division does not apply in respect of a cargo transport unit carried on a short-run ferry if (a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m; (b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit, and approaching the unit is prohibited; and (c) any parking brakes that are fitted on the unit are securely set. (2) This Division does not apply in respect of dangerous goods carried in bulk or ships’ stores and equipment. Packaging 144 (1) If the IMDG Code requires that dangerous goods be packaged for transportation by a vessel, no person shall carry those goods unless they are packaged in a form of containment specified by the IMDG Code for those goods. (2) If the IMDG Code does not require that dangerous goods be packaged for transportation by a vessel but they are packaged, no person shall carry those goods unless the packaging is a form of containment specified by the IMDG Code for those goods. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Packing Section 145 Packing 145 (1) Every person who packs dangerous goods in a cargo transport unit shall pack and secure them in a manner that meets the standards set out in chapters 1 to 6 of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units, published by the IMO, or other standards that the Minister determines provide a level of safety that is equivalent to or higher than that of those standards. (2) Every person who packs dangerous goods in a cargo transport unit shall ensure that (a) the unit is, immediately before stowing, (i) clean, dry and apparently fit to receive the goods, and (ii) free of irrelevant placards; (b) packages that need to be segregated in accordance with the IMDG Code are so segregated, except as provided in subsection 146(4); (c) all packages are externally inspected for damage and only dry, sound packages are packed; (d) all drums are stowed in an upright position; (e) all packages are properly stowed in the unit and adequately secured to restrain against movement; (f) goods loaded in bulk are evenly distributed within the unit; (g) if any of the goods are of Class 1 except for division 1.4, the unit is structurally serviceable as provided for in section 7.4.6 of the IMDG Code; (h) a Dangerous Goods Declaration has been received for each dangerous goods consignment stowed in the unit; (i) the unit’s doors or similar openings are closed and properly secured by a latch or other means; (j) if the unit is temperature controlled, it has machinery and a power supply that are of a type unable to create a hazard for the goods and are in good working order; and (k) if solid carbon dioxide is used for cooling purposes, the unit is externally marked or labelled in a conspicuous place with the words “DANGEROUS CO2 (DRY ICE) INSIDE, VENTILATE THOROUGHLY BEFORE ENTERING” or “DANGER, CONTIENT DU Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Packing Sections 145-146 CO2 (NEIGE CARBONIQUE), AÉRER COMPLÈTEMENT AVANT D’ENTRER”. Carriage of Packaged Goods 146 (1) Subject to sections 148 and 151, subsections 154(3), 157(3) and (4) and section 158, the master of a vessel shall ensure that the requirements of the following are met: (a) the IMDG Code in respect of carrying packaged goods on the vessel; (b) regulations 4.4, 4.5, 5 and 6.1 of Chapter VII of SOLAS; and (c) chapters 2 to 11 of the INF Code, if the vessel carries INF Cargo. (2) Every company shall ensure that the requirements of regulation 6.2 of Chapter VII of SOLAS are met in respect of its vessels. (3) Every person who ships packaged goods by a vessel or consigns packaged goods to a vessel in a cargo transport unit that is not required to be marked by the Transportation of Dangerous Goods Regulations shall comply with any reasonable request that the vessel’s authorized representative or master makes in respect of the goods in order to comply with the requirements of the IMDG Code respecting stowage and segregation if the cargo transport unit (a) is carried by vessel between two places in Canada; and (b) is loaded with less than 500 kg of packaged goods. (4) The “AWAY FROM” segregation requirement in the IMDG Code for incompatible dangerous goods that are carried in the same cargo transport unit does not apply if they (a) are carried on (i) a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage, or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Carriage of Packaged Goods Sections 146-148 (ii) a voyage between two places in Canada during which the vessel is never more than 120 nautical miles from shore or 200 nautical miles from a place of refuge; and (b) are separated by a minimum horizontal separation of 2 m, projected vertically. Power to Refuse to Take Packaged Goods on Board 147 If a vessel’s authorized representative or master suspects that a means of containment contains dangerous goods and that the requirements of this Division have not been met in respect of those goods, the authorized representative or the master may take any reasonable steps necessary to determine if the suspicion is correct and, if it is, refuse to take the means of containment on board. Cargo Securing Manual 148 (1) Compliance with the requirements of regulation 5 of Chapter VII of SOLAS is not required if (a) the vessel is a Canadian vessel engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage between Canadian ports; and (b) all cargo on board the vessel is loaded, stowed and secured in a manner that ensures that, under normal conditions of transport, no means of containment for dangerous goods (i) becomes damaged in a way that could lead to an accidental release of the dangerous goods, or (ii) causes damage to other cargo that could lead to an accidental release of the dangerous goods. (2) For the purposes of regulation 5 of Chapter VII of SOLAS, on application, the Minister shall approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code. (3) Unless subsection (1) applies, the master of a vessel shall keep on board the Cargo Securing Manual referred to in regulation 5 of Chapter VII of SOLAS. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods INF Certificate Sections 149-150 INF Certificate 149 On application, the Minister shall issue a Certificate of Fitness for the Carriage of INF Cargo to a vessel that carries INF Cargo if the requirements of chapters 2 to 10 of the INF Code are met. Precautions Respecting Wheeled Cargo Transport Units 150 (1) If inclement weather is forecast, the master of a vessel that is carrying a wheeled cargo transport unit that contains dangerous goods shall ensure that adequate means, having regard to the kind of weather forecast and the planned route of the voyage, are provided to restrain the wheeled cargo transport unit and any wheeled cargo transport units stowed in its immediate vicinity. The means shall include any one or any combination of the following: (a) brakes that can be set; (b) wheel stops; (c) lashing down with securing devices that (i) are described in Table 1 to section 4.2 of Annex 13 to the CSS Code, (ii) are attached to the deck, and (iii) are not used with a working load that exceeds the applicable percentages of the maximum securing load set out in that Table for the devices; and (d) devices specifically designed for securing wheeled cargo transport units. (2) If securing devices are used, the master shall ensure that the information required by section 2.1 or 2.2, as the case may be, of the Annex to Appendix 2 to the CSS Code is kept on board. (3) Every person who secures a wheeled cargo transport unit that contains dangerous goods shall take into consideration (a) movement between the body and the wheels of the unit due to the springing of the unit’s suspension; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Precautions Respecting Wheeled Cargo Transport Units Sections 150-151 (b) the centre of gravity of the unit in relation to both the wheel base and the wheel-to-ground contact area; and (c) in the case of rail vehicles, the attachment of the body to the running gear. Vehicles, Motor Boats and Other Conveyances Carried on a Vessel 151 (1) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a motor vehicle, other than a recreational vehicle, that has fuel in its fuel tank or is carrying fuel outside the fuel tank to propel the vehicle if (a) the vehicle is driven on and off the vessel; (b) the fuel tank is not so full as to be likely to spill because of an increase in volume from temperature changes; (c) the ignition is switched off; and (d) the vehicle is carrying, outside the fuel tank, no more than 25 L of the fuel needed to propel it and the fuel is in a means of containment that (i) is designed for the carriage of that type of fuel, (ii) meets the requirements of the Transportation of Dangerous Goods Regulations for the means of containment, (iii) is secured within the vehicle, and (iv) if a gaseous fuel is carried, is equipped with valves protected by valve caps. (2) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a recreational vehicle or recreational trailer that is carrying cylinders of liquefied petroleum gas or propane if (a) the vehicle or trailer is driven or towed on and off the vessel; (b) when the vehicle or trailer carries cylinders of liquefied petroleum gas, (i) it does not carry more than two cylinders with a total capacity not exceeding 65 L, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Section 151 (ii) the gas is for domestic use, (iii) each cylinder is secured to the vehicle or trailer, and (iv) the valves of each cylinder are securely closed at all times while the vehicle or trailer is on the vessel; (c) when the vehicle or trailer carries a portable barbecue, (i) the barbecue is equipped with not more than one cylinder of propane with a capacity not exceeding 65 L, and (ii) the valves on the cylinder are securely closed at all times while the vehicle or trailer is on the vessel; and (d) in the case of the vehicle, it meets the requirements of paragraphs (1)(b) to (d). (3) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a trailer, including one carrying containers of gasoline, that is being used to carry a motorboat or a total of not more than two motorbikes, all-terrain vehicles, snowmobiles and personal watercraft that have gasoline in their fuel tanks or are carrying containers of gasoline outside their fuel tanks to propel them if (a) the trailer is towed by or attached to a motor vehicle that is driven on and off the vessel; (b) the fuel tanks are not so full as to be likely to spill because of an increase in volume from temperature changes; and (c) not more than two containers of gasoline are being carried and each of them (i) has a capacity not exceeding 25 L, (ii) meets the requirements of the Transportation of Dangerous Goods Regulations for the means of containment, and (iii) is secured on the trailer or in the other conveyance. (4) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a service repair vehicle that meets the Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Section 151 requirements of subsection (1) and is carrying cylinders of propane, compressed oxygen or dissolved acetylene if (a) not more than four service repair vehicles that are carrying any of those cylinders are carried at the same time; (b) the vehicle is not carrying more than one cylinder of propane with a capacity not exceeding 65 L, one cylinder of compressed oxygen with a capacity not exceeding 50 L and one cylinder of dissolved acetylene with a capacity not exceeding 75 L; (c) the cylinders (i) are secured to the vehicle in an upright position by permanently installed fittings, and (ii) have their valves securely closed and protected by a screw-on metal cap; (d) the vehicle is stowed at either end of the vehicle deck and access to the place where it is stowed is restricted by means of barriers or signs; (e) when the vessel has a mechanical ventilation system for the vehicle deck, it is operating while the vehicle is stowed on board; (f) the vessel’s master ensures that a continuous watch is maintained on the vehicle deck to monitor all service vehicles; (g) the vehicle is stowed so that it is always accessible in case of fire; (h) on closed-deck ferries, a minimum distance of 12 m is maintained athwartships between service vehicles; and (i) on open-deck ferries, the maximum distance feasible but in any case at least 6 m is maintained athwartships between service vehicles. (5) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a motor vehicle that meets the requirements of subsection (1) and is carrying a cylinder of refrigerated liquid oxygen if (a) before the vehicle is loaded, the vessel’s master is provided with a copy of any emergency response instructions contained in the dangerous goods shipping documents or prepared by the shipper; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Section 151 (b) the cylinder (i) has a capacity not exceeding 450 L, and (ii) is secured to the vehicle in an upright position by permanently installed fittings; (c) not more than one vehicle that is carrying a cylinder of refrigerated liquid oxygen is carried at the same time; (d) the vehicle is stowed at one end of the vehicle deck and access to the place where it is stowed is restricted by means of barriers or signs; (e) the vehicle is not stowed within 3 m of other motorized conveyances that have fuel in their fuel tanks; (f) if the vessel has a mechanical ventilation system for the vehicle deck, it is operating while the vehicle is stowed on board; (g) subject to paragraph (i), if the vehicle is stowed on a closed vehicle deck, or a partially closed vehicle deck not fitted with overhead deluge sprinklers, (i) the vessel has a mechanical ventilation system for the deck, and (ii) no other dangerous goods are carried on the same deck; (h) subject to paragraph (i), if the vehicle is stowed on a partially closed vehicle deck fitted with an overhead deluge sprinkler system, (i) the refrigerated liquid oxygen is deemed to have a 5.1 subsidiary risk classification for the purpose of determining the segregation requirements under the IMDG Code, (ii) only dangerous goods that require not more than “AWAY FROM” segregation are carried on the same deck and those that require “AWAY FROM” segregation are separated by a horizontal distance of at least 12 m, and (iii) no inert compressed gases that have subsidiary risks are carried on the deck; (i) when the vehicle is carrying dangerous goods solely for hospital supply, (i) the vehicle is on an open vehicle deck or on a partially open vehicle deck space fitted with an overhead deluge sprinkler system, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Section 151 (ii) the accompanying dangerous goods documentation is clearly marked “Medical gases for hospital supply” or “gaz médicaux pour fournitures d’hôpitaux”, and (iii) the only other compressed gases that are carried in the vehicle are (A) compressed oxygen, contained in up to a maximum of 10 cylinders of not more than 25 cm in diameter or 150 cm in length, and (B) compressed nitrous oxide, contained in up to a maximum of 4 cylinders of not more than 25 cm in diameter or 150 cm in length; (j) when the cylinder is attached to a live-fish tank system, (i) the tank is closed and permanently secured to the chassis of the vehicle, (ii) the tank is oxygenated with not more than 5 L of gaseous oxygen per minute or in a manner or quantity that ensures that the oxygen is consumed by the fish to the maximum extent feasible, (iii) the cylinder has a capacity not exceeding 17 L, and (iv) the tank and the tubes connecting the cylinder to the tank are manufactured and installed to withstand a maximum pressure of 172.4 kPa (25 psi) in accordance with an engineering standard recognized by a provincial engineering association; and (k) the vessel’s master or an officer designated by the master is aware at all times of the location on board of the vehicle’s operator. (6) Subject to subsection (8), a passenger vessel that is engaged on a voyage other than a voyage described in subsection (1) may carry a motorized conveyance that has fuel in its fuel tank if Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Section 151 (a) when it is stowed on deck, (i) its fuel tank is not so full as to be likely to spill because of an increase in volume from temperature changes, and (ii) its ignition is switched off; and (b) when it is stowed under deck, (i) its fuel tank is drained so that not more than 10 L of gasoline remain in the tank, (ii) its ignition is switched off, and (iii) its battery terminals are disconnected and taped to prevent electrical shorting or it is stowed in a hold designated as a special category space in the vessel’s inspection certificate issued under the Act or, in the case of a foreign vessel, by or under the authority of the government of the state whose flag the vessel is entitled to fly. (7) The master of a vessel that is not a passenger vessel shall ensure that a motorized conveyance that has fuel in its fuel tank is not carried on the vessel unless the conditions set out in subsection (6) are met. (8) Before a motor vehicle that is carrying dangerous goods classified as Class 1 in the IMDG Code and is to be stowed under deck or towed on and off a closed vehicle deck, the vessel’s master shall ensure that (a) its fuel tank is drained and its engine runs until it stalls for want of fuel; (b) its ignition is switched off; and (c) its battery terminals are disconnected and taped to prevent electrical shorting. (9) The master of a vessel shall ensure that, before a motor vehicle is loaded onto the vessel, it is inspected for leakage of fuel or any other substance and, if there are signs of such leakage, the master shall ensure that it is not loaded onto the vessel until the leakage is stopped. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Vehicles, Motor Boats and Other Conveyances Carried on a Vessel Sections 151-154 (10) To the extent feasible, the master of a vessel shall ensure that every motorized conveyance on board is stowed so as to permit inspection. Closed Vehicle Decks 152 (1) Every passenger shall keep off a closed vehicle deck on a vessel that is under way unless the passenger (a) has received the express consent of the vessel’s master to enter the deck, if there are no packaged goods on the deck; or (b) is accompanied by a crew member, if there are packaged goods on the deck. (2) Subsection (1) does not apply when passengers are directed to return to their vehicles before the vessel docks. Report of Accident or Incident 153 If a vessel or person is in serious and imminent danger by reason of an accident or incident that occurs during the loading, carriage or unloading of dangerous goods, the vessel’s master shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available. General Precautions on Vessels 154 (1) The master of a vessel shall ensure that packaged goods are safeguarded and handled carefully while they are being loaded onto, carried by and unloaded from the vessel. (2) If packaged goods are to be loaded onto or unloaded from a vessel, its master shall ensure that an officer of the vessel or a person designated by its authorized representative is present while the goods are loaded or unloaded and while the holds of the vessel are open. (3) Before commencing any voyage, the master of a tug who takes charge of an unoccupied barge carrying packaged goods shall ensure, to the extent that it is feasible, that the goods are carried in accordance with the IMDG Code. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods General Precautions on Vessels Sections 154-156 (4) Subject to section 151, every person who is on or in the vicinity of a vessel carrying packaged goods or who is on board when packaged goods are being loaded or unloaded shall take the measures specified in the general precautions and the general provisions in the IMDG Code in respect of the activities in which they are engaged. Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Loading and Unloading Explosives 155 (1) At least 24 hours before 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, are loaded onto or unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place: (a) the Department of Transport Marine Safety Office nearest to that location; and (b) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port. (2) and (3) [Repealed, SOR/2018-233, s. 1] SOR/2018-233, s. 1. Loading and Unloading Ammonium Nitrate or Ammonium Nitrate Based Fertilizer 156 (1) No person shall load or unload more than 10 000 tonnes of ammonium nitrate or ammonium nitrate based fertilizer. (2) At least 24 hours before 150 tonnes or more of ammonium nitrate or ammonium nitrate based fertilizer are loaded onto or unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place: (a) the Department of Transport Marine Safety Office nearest to that location; and (b) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port. (3) The harbour master at the port or, if there is no harbour master, the person responsible for the port at the location where loading or unloading ammonium nitrate or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Sections 156-157 ammonium nitrate based fertilizer will take place shall ensure that information in respect of fire prevention, emergency procedures, storage, cleanliness and separation from contaminants and other dangerous goods is available at the location. Fire Protection 157 (1) The authorized representative of a vessel that is carrying, elsewhere than in a cargo transport unit, explosives, ammonium nitrate or ammonium nitrate based fertilizer in respect of which notification is required under subsection 155(1) or 156(2) shall ensure that the vessel is equipped with (a) a power-operated fire pump whose source of power and sea connections are located outside the machinery space; and (b) a self-contained set of breathing apparatus and, if there are more than three crew members, another set of breathing apparatus. (2) If the machinery spaces in a vessel referred to in subsection (1) do not have a watch kept at all times while the machinery is operating, they shall be equipped with a fire detection system. (3) If the vessel is of less than 500 gross tonnage and does not have a means to separate goods from heat sources as required by the IMDG Code, its master may, after notifying the Department of Transport Marine Safety Office nearest to the vessel, separate any goods from heat sources by (a) a watertight steel bulkhead that consists of “A” class divisions within the meaning of subsections 1(2) and (3) of the Vessel Fire Safety Regulations; (b) both (i) a watertight steel bulkhead, and (ii) a temporary bulkhead that is constructed to a standard that is at least equivalent to that for a bulkhead of a Type A magazine specified in the introduction of Class 1-Explosives in the IMDG Code, sheathed with fire-retardant material on the side closest to the machinery or accommodation space and positioned not more than 0.61 m from the steel bulkhead; or (c) a distance of at least 3 m maintained between the goods and the heat source if the heat source is in a machinery or accommodation space and the goods are not within 3 m of any other goods other than goods that are not dangerous goods and that are compatible. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Sections 157-158 (4) If the vessel cannot, by reason of its design, disconnect the electrical circuits in a cargo space by positive means at a point external to the space, the fuses in the space shall be removed or the switches or circuit breakers in the space opened at the main panel. SOR/2017-14, s. 413. Stowing 158 If explosives, other than those that have toxic or lachrymatory properties, of different compatibility groups cannot be segregated by the methods specified in the IMDG Code and a vessel’s authorized representative or master has so informed the Department of Transport Marine Safety Office nearest to the vessel, they may be stowed by (a) placing them in a steel container that (i) is in new or like-new condition, and (ii) if they are explosive substances set out in the IMDG Code, is sheathed on all interior metal surfaces except the roof with wood or plywood that is 19 mm thick and, if the container has a wooden floor, is sheathed on the floor with masonite panels, or another material that is at least as smooth and hard as masonite, at least 6 mm thick; (b) taping all joints in the interior sheathing or sealing them using waterproof materials to prevent leaking or sifting; (c) securing the container against all movements of the vessel likely to be encountered on the voyage; (d) if the container is carried on deck, stowing it so that access to its door is maintained at all times; (e) except in the case of vessels carrying explosives exclusively, maintaining an intervening space of at least 6 m between the container and other containers of incompatible goods and between the containers and incompatible goods that are not in containers; and (f) if the container is stowed in a cargo hold that does not have a means of detecting fire, (i) fitting a system of sniffing-pipes in or adjacent to the spaces containing the explosives, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Sections 158-160 (ii) regularly monitoring the air in those spaces, and (iii) entering the times and results of the monitoring in the deck log book. Military Explosives 159 (1) Except when military explosives are to be carried or have been carried between Canadian ports in closed cargo transport units, a service representative officer shall (a) be present while military explosives are loaded onto or unloaded from a vessel in a Canadian port and when any hold or magazine containing military explosives on a vessel is first opened; (b) advise the vessel’s master on the safe stowage and segregation of any military explosives that are to be carried on the vessel; and (c) immediately after military explosives are loaded onto the vessel, provide a signed statement to the master (i) specifying the name, registration number, port of registry and gross tonnage of the vessel, (ii) specifying the date of loading, and (iii) certifying that the representative was present during the loading and that to the best of the representative’s knowledge the loading was done in accordance with this Division. (2) The master shall keep the statement on board until the military explosives are unloaded. Explosives Used for Marine Drilling and Blasting Operations 160 (1) The master of a vessel that is engaged in marine drilling and blasting operations using explosives shall ensure that the requirements set out in subsections (2) to (15) are met. (2) Explosives other than detonators (a) shall not be carried on the vessel; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Section 160 (b) shall be stowed on an explosives-storage craft specially adapted for the carriage and stowage of explosives. (3) The craft shall be moored securely to the vessel in a position that is remote from the drills and as far as possible from any navigable channel. (4) The distance between the craft and the vessel shall be kept to a minimum to facilitate easy handling of the explosives. (5) No person shall be on board the craft until the explosives are actually required. (6) The craft shall be equipped with an efficient anchor that has sufficient line for use in case of an emergency. (7) A sign reading “EXPLOSIVES” or “EXPLOSIFS” in letters that are at least 10 cm in height and displayed against a background of contrasting colour shall be displayed in a conspicuous position on the craft. (8) If work is discontinued for more than 24 hours, all explosives remaining on the craft shall be moved ashore and placed in a magazine that is licensed under section 7 of the Explosives Act and meets the requirements of the Explosives Regulations. (9) No person shall smoke or use naked lights or sparkproducing equipment on the craft. (10) Areas on the vessel where smoking or using naked lights or spark-producing equipment could create a fire or explosion hazard shall be identified and warning notices displayed in conspicuous places on board the vessel prohibiting the activity in those areas. (11) Lightning conductors shall be fitted to wooden masts, and to steel masts if electrical conductivity of the rigging is defective, on the vessel and the craft. If the vessel or craft has a steel mast and the hull is made of steel, the mast shall be bonded to the hull. (12) Detonators on the vessel shall be stowed in a locked box or cabinet remote from the drills. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer Sections 160-162 (13) The armed charges shall be made ready only a few minutes before use and shall be stowed in a receptacle on the vessel. (14) In each shift, one person shall be assigned to transfer the explosives from the craft to the vessel and another person shall be assigned to arm the charges. (15) The two persons shall also be responsible for the mooring lines between the vessel and the craft and shall pay special attention to the lines while other vessels are navigating in the vicinity. 161 (1) The master of a vessel used to transport explosives to an explosives-storage craft required by paragraph 160(2)(b) shall ensure that (a) no person other than a member of the crew or a marine safety inspector referred to in section 11 of the Act is on board while the explosives are being carried; (b) detonators are not carried on a voyage with other explosives; (c) a red flag is displayed while explosives are on board at any time other than during the night; (d) a red light that is visible all around the horizon is displayed while explosives are on board during the night and the vessel is not under way; (e) there is no smoking or use of naked lights or spark-producing equipment on or in the vicinity of the vessel while explosives are being loaded or unloaded or on the open deck of the vessel when it is under way; and (f) as drilling and blasting progress, explosives are loaded on the vessel at points along the shore that are away from dwellings and as close as possible to the craft. (2) In this section, “night” includes the portion of the day extending from one-half hour after sunset until one-half hour before sunrise. Inspection at the Request of an Interested Person 162 (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 1 Cargo DIVISION 5 Packaged Goods Inspection at the Request of an Interested Person Sections 162-164 inspections to ensure compliance with this Division shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with this Division if an interested person makes a request to the Department of Transport Marine Safety Office nearest to the vessel. (2) The inspector shall provide a signed statement to the vessel’s master and the interested person (a) specifying the name, registration number, port of registry and gross tonnage of the vessel; (b) specifying the date of the inspection; and (c) stating the results of the inspection. (3) [Repealed, SOR/2021-59, s. 22] (4) [Repealed, SOR/2021-59, s. 22] (5) [Repealed, SOR/2021-59, s. 22] SOR/2021-59, s. 22. Equivalents 163 Dangerous goods are deemed to be packed, marked and documented in accordance with this Division if they are (a) carried only between places in Canada; and (b) packed, marked and documented in accordance with the Transportation of Dangerous Goods Regulations. Movement Document or Manifest 164 If the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations or the laws of a province in respect of the movement of waste or recyclable material require that a movement document or manifest be on board a vessel, its master shall ensure that the movement document or manifest is kept on board and is available for inspection. SOR/2021-25, s. 82. [165 to 199 reserved] Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation Section 200 PART 2 Fumigation Interpretation 200 The following definitions apply in this Part. aerate means to reduce or attempt to reduce the concentration of a fumigantl. (aérer) alongside means alongside a wharf or quay. (Version anglaise seulement) clearance certificate means a certificate issued by a fumigator-in-charge or a marine chemist that certifies that a vessel or space is gas-free. (certificat d’attestation) competent person means a person who has the knowledge and experience to safely and adequately perform the duties required by this Part of a fumigator-in-charge, including at least 150 hours of experience on board vessels under the supervision of a marine chemist or fumigatorin-charge in the use and operation of equipment that detects the presence of gas in the atmosphere. (personne compétente) fumigant means a pesticide that acts in a gaseous state to fumigate. (fumigant) fumigation in transit means the fumigation on a vessel of bulk cargo, or of a space that contains bulk cargo, while (a) the vessel is en route between two ports; or (b) the vessel is in a Canadian port if it is the intention of the master to continue the fumigation after the vessel leaves the port. (fumigation en cours de route) fumigator-in-charge means a competent person responsible for carrying out a fumigation. (spécialiste) gas-free, in respect of a space or a vessel, means that the presence of a fumigant cannot be detected in the space or the vessel by a fumigator-in-charge or another competent person using detection methods and equipment that are appropriate to the fumigant. (exempt de gaz) marine chemist means a qualified person who (a) is a graduate of a post-secondary educational institution and has (i) successfully completed courses in chemical engineering, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation Interpretation Sections 200-202 (ii) successfully completed a general course with a major in chemistry, or (iii) obtained a fellowship in the Chemical Institute of Canada; and (b) has at least three years’ experience in chemical or engineering work after meeting the requirements of paragraph (a), of which at least 150 working hours were spent in ship-board work involving the testing of tank vessels and other vessels in the application of gas hazard control standards under the supervision of a person with at least 500 hours’ experience in that work. (chimiste de la marine) Seaway has the same meaning as in subsection 2(1) of the Canada Marine Act. (voie maritime) space means an enclosed space on a vessel. (espace) TLV, in respect of a fumigant, means the highest allowable concentration of the fumigant in a space to which a person may be exposed under this Part. (VLE) Application 201 This Part does not apply in respect of a cargo transport unit carried on a short-run ferry if (a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m; (b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit; (c) any parking brakes that are fitted on the unit are securely set; and (d) no person other than the operator of the unit is permitted by the ferry’s master to approach within 1 m of the unit. DIVISION 1 General Application 202 This Division applies in respect of fumigation and aeration Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 1 General Application Sections 202-204 (a) on a Canadian vessel; and (b) on a foreign vessel that is in Canadian waters if (i) the fumigation begins in Canadian waters, or (ii) any cargo destined for a Canadian port is fumigated in transit. Use of Fumigants 203 (1) No person shall use a fumigant other than one set out in column 1 of Schedule 1 to fumigate on a vessel. (2) If, at any time other than during a fumigation of a space, a person has reasonable grounds to believe that the concentration of a fumigant set out in column 1 of Schedule 2 in the space exceeds the TLV for the fumigant set out in column 2 or 3, the person shall immediately (a) warn every person whom they know to be in the space that it should be evacuated; and (b) notify the vessel’s master of the excessive concentration. (3) After being notified of the excessive concentration, the master shall advise all persons on board the vessel of the excessive concentration. (4) Every person in the space shall evacuate it after being advised of the excessive concentration. (5) No person who has been advised of the excessive concentration shall enter the space unless that person wears a self-contained breathing apparatus required by paragraph 210(3)(d). (6) The master shall ensure that the space is aerated by crew members with experience using the equipment to be used in the aeration or by persons assisting the fumigator-in-charge. (7) Subsections (3) to (6) cease to apply when a competent person determines that the concentration of the fumigant does not exceed the applicable TLV. Fumigating When a Vessel Is Not Alongside 204 (1) No person shall fumigate on a Canadian vessel that is not alongside. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 1 General Fumigating When a Vessel Is Not Alongside Sections 204-206 (2) No person shall fumigate a space on a foreign vessel that is not alongside unless the space contains bulk cargo. Fumigating the Contents of Barges or Cargo Transport Units 205 No person shall begin to fumigate the contents of a barge or cargo transport unit that is on board a vessel. Notification and Conduct of Fumigation 206 (1) Before beginning to fumigate on a vessel in a Canadian port, the fumigator-in-charge shall ensure that notice of the intention to fumigate is given in writing to the Department of Transport Marine Safety Office nearest to the vessel. (2) Before a vessel on which fumigation in transit has begun arrives at a Canadian port or the Seaway, the vessel’s master shall give notice to the Department of Transport Marine Safety Office nearest to the port or entry point to the Seaway that fumigation in transit on the vessel has begun. (3) If feasible, the notice shall be given (a) in the case of a vessel referred to in subsection (1), at least 24 hours before fumigation begins; and (b) in the case of a vessel referred to in subsection (2), at least 24 hours before its arrival at the port or in the Seaway. (4) The notice shall specify (a) in the case of a vessel referred to in subsection (1), the name of the port where the fumigation will be carried out and, if applicable, the number of the berth within the port; (b) in the case of a vessel referred to in subsection (2), the name of the port or the entry point to the Seaway; and (c) in the case of a vessel referred to in subsection (1) or (2), the name of the fumigant and method of application involved and whether the fumigation Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 1 General Notification and Conduct of Fumigation Sections 206-208 (i) is or will be of the cargo, cargo spaces or accommodation spaces on board the vessel, (ii) will be completed before the vessel leaves the port or the Seaway, as the case may be, (iii) is or will be a fumigation in transit, and (iv) is or will be of cargo on board a vessel that will be unloaded at a Canadian port. (5) If the fumigant to be used in a fumigation referred to in subsection (1) is, or during the fumigation is likely to become, a flammable gas, the vessel’s master shall, before fumigation begins, (a) remove all flammable materials, including refuse and oily waste, from any space that is to be fumigated; and (b) disconnect all electrical circuits that lead to any space that is to be fumigated. Fumigator-in-Charge 207 (1) Subject to subsection (2), the master of a vessel shall ensure that every fumigation and every aeration are carried out under the direction of a fumigator-in-charge. (2) A fumigator-in-charge is not required to be present in respect of (a) a fumigation in transit that began in a Canadian port if the tests required by sections 219 and 220 are conducted and the requirements of section 221 are met; (b) a fumigation in transit that began outside Canadian waters during the period beginning when the vessel enters Canadian waters and ending when it enters a Canadian port to unload cargo; or (c) a fumigation of a cargo transport unit on board a vessel that began before the unit was loaded onto the vessel. Report of Danger 208 If persons on board a vessel are in serious and imminent danger as a result of a fumigation on the vessel, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 1 General Report of Danger Sections 208-210 its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available. DIVISION 2 Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside Application 209 This Division applies in respect of the fumigation and aeration of cargo, a cargo space or an accommodation space on a vessel while it is alongside. Fumigation 210 (1) The fumigator-in-charge shall not begin fumigating or permit it to begin unless (a) all persons who are on board the vessel and are not engaged in the fumigation or in the care of the vessel have disembarked; (b) the fumigator-in-charge has on display near the gangways and near the entrances that lead to a space that is to be fumigated a sign that (i) corresponds to the sign set out in Schedule 3 and bears the name of the fumigant being used, the date and hour when the fumigation began and the signature of the fumigator-in-charge or the vessel’s master, and (ii) is rectangular in shape, at least 250 mm wide and at least 200 mm high with the word “DANGER” in letters at least 25 mm high; and (c) he or she has posted a person to keep watch at each place where the vessel can be boarded while it is alongside. (2) Subject to subsection 212(3), the persons referred to in paragraph (1)(a) shall not board the vessel until a clearance certificate has been issued in respect of the vessel. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 2 Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside Fumigation Section 210 (3) During fumigation, (a) the person keeping watch shall not allow anyone who is not engaged in the fumigation or care of the vessel to board it; (b) the fumigator-in-charge shall take all feasible measures to prevent the leakage of the fumigant from a space that is being fumigated; (c) the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-incharge determines are necessary to ascertain whether a fumigant is leaking from a space that is being fumigated; (d) each person on board the vessel shall have available for immediate use a self-contained breathing apparatus that can protect them against the fumigant; and (e) subject to subsection (8), no person shall enter a space that is being fumigated. (4) No person shall remove a sign referred to in paragraph (1)(b) until a clearance certificate has been issued in respect of the vessel or until aeration has been completed. (5) When a clearance certificate has been issued in respect of the vessel, the vessel’s master shall ensure that any signs warning of the fumigation are removed. (6) If the fumigant leaks from a space that is being fumigated, (a) every person who is taking part in the fumigation shall, under the direction of the fumigator-in-charge, take all feasible measures to stop the leakage; and (b) the fumigator-in-charge shall immediately notify the master of the leakage. (7) If the leakage referred to in subsection (6) is stopped, the fumigator-in-charge shall notify the master of the stoppage. However, if the fumigator-in-charge determines that the leakage cannot be stopped, he or she shall direct the persons taking part in the fumigation to cease the fumigation and to aerate the space. (8) If the fumigator-in-charge determines that entry into a space that is being fumigated is necessary, the fumigator-in-charge and one or more other persons experienced and knowledgeable in the use of the self-contained breathing apparatus required by paragraph (3)(d) may enter the space if they wear Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 2 Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside Fumigation Sections 210-211 (a) the apparatus; and (b) a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing the apparatus. Fumigation of Cargo 211 (1) Despite paragraph 210(1)(a), the fumigator-incharge may begin fumigating cargo or permit it to begin when there are crew members on board the vessel who are not engaged in the fumigation or in the care of the vessel if (a) the fumigator-in-charge has inspected the space in which the cargo is located and has advised the vessel’s master in writing that during the fumigation no fumigant is likely to leak from the space containing the cargo and into a space that is ordinarily occupied by crew members; and (b) the space in which the cargo is located (i) is not adjacent to a space that is ordinarily occupied by crew members, and (ii) is separated by at least two gas-tight bulkheads from a space used by crew members. (2) During a fumigation begun under subsection (1), the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2. (3) If a test result shows that the concentration of a fumigant exceeds the applicable TLV, all persons on board the vessel who are not wearing the self-contained breathing apparatus required by paragraph 210(3)(d) shall immediately disembark. (4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass (a) through the bulkhead; or (b) over the top, under the bottom or around either end of the bulkhead. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 2 Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside Aeration Sections 212-213 Aeration 212 (1) After a space is fumigated, the fumigator-incharge shall ensure that it is aerated. (2) Before the aeration begins, the fumigator-in-charge shall advise the vessel’s master in writing of the location of the spaces that will be occupied by a crew member for the purpose of assisting in the aeration. (3) A crew member may, subject to the direction of the fumigator-in-charge, board the vessel to assist in the aeration by opening the hatches of the vessel and operating generating and ventilation machinery if the crew member is wearing the self-contained breathing apparatus required by paragraph 210(3)(d). (4) If a crew member assists in the aeration of a space, the fumigator-in-charge shall, as frequently as he or she determines it is necessary, conduct tests to measure the concentration of the fumigant in every space occupied by the member. (5) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall wear the self-contained breathing apparatus required by paragraph 210(3)(d) or evacuate the space until a test result shows that the concentration of the fumigant does not exceed the applicable TLV. Clearance Certificates 213 (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel unless the vessel is gas-free. (2) If the vessel is gas-free, the fumigator-in-charge shall issue a clearance certificate. (3) Subject to Division 3, until a clearance certificate is issued, the vessel shall remain alongside. (4) The vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit Sections 214-217 DIVISION 3 Fumigation in Transit Beginning Fumigation in Canadian Waters 214 No person shall begin fumigation in transit on a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port. SUBDIVISION 1 Beginning Fumigation in a Canadian Port Application 215 This Subdivision applies in respect of fumigation in transit on a foreign vessel that begins when the vessel is moored or at anchor in a Canadian port. Methyl Bromide 216 No person shall fumigate with methyl bromide. General 217 (1) No person shall begin fumigation unless (a) the fumigator-in-charge, accompanied by the vessel’s master or the master’s agent, has inspected the space in which the cargo is to be fumigated before the cargo that is to be fumigated is loaded on board and has determined that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel; (b) the fumigator-in-charge has given a notice in writing to the vessel’s master that specifies (i) the name of the fumigant that will be used, (ii) any hazards that the fumigation might present, (iii) the precautions or other steps that the crew shall take in relation to the fumigation, and (iv) the results of the inspection referred to in paragraph (a) and specifically the determination of the fumigator-in-charge that, during the fumigation, no fumigant is likely to leak from the space containing Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 1 Beginning Fumigation in a Canadian Port Section 217 the cargo and into an adjoining space or out of the vessel; (c) the loading of cargo onto the vessel is completed and all persons, other than the persons who are engaged in the fumigation or who will sail with the vessel, have disembarked; (d) the fumigator-in-charge has given notice in writing to the following of the location of the spaces that will be fumigated and of all other spaces that the fumigator-in-charge determines are unsafe for entry by any person during the fumigation and before the vessel becomes gas-free: (i) the vessel’s master, (ii) the harbour master at the port or, if there is no harbour master, the person responsible for the port, and (iii) the Department of Transport Marine Safety Office nearest to the vessel; (e) every person who will sail with the vessel has been informed by the fumigator-in-charge or by the vessel’s master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (d); (f) there is on display near the gangways and near the entrances that lead to the space in which the cargo is to be fumigated a sign that meets the requirements of paragraph 210(1)(b); (g) the fumigator-in-charge has posted a person to keep watch at each place where the vessel can be boarded while it is moored or at anchor; (h) no fewer than two crew members, one of whom is an officer, have knowledge of (i) any instructions that appear on the package containing the fumigant to be used in the fumigation, (ii) any recommendations or information provided by the manufacturer of the fumigant in respect of (A) the method of detecting the fumigant when it is in a gaseous state, (B) the behaviour and properties of the fumigant, (C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 1 Beginning Fumigation in a Canadian Port Sections 217-218 (D) the emergency procedures that should be taken to prevent fire and explosion of the fumigant, and (iii) the operation of any equipment on board that is used to detect the presence of a fumigant; and (i) the vessel’s master has designated at least two of the crew members referred to in paragraph (h) to ensure that safe conditions in the accommodation spaces and working spaces are maintained after the fumigator-in-charge leaves the vessel. (2) No person shall remove the signs referred to in paragraph (1)(f) until a clearance certificate has been issued in respect of the space or until aeration has been completed. (3) When a clearance certificate has been issued in respect of the space, the vessel’s master shall ensure that any signs warning of the fumigation are removed. (4) The person keeping watch shall not allow a person who is not engaged in the fumigation or who will sail with the vessel to board it while it is moored or at anchor. (5) Despite paragraph (1)(a), fumigation may begin when the inspection referred to in that paragraph is carried out after cargo has been loaded if (a) the holds adjacent to the accommodation spaces are not fumigated; and (b) the vessel is alongside or, if it is not safe for the vessel to be alongside, it is moored elsewhere or at anchor and a launch service is available on short notice at all times. Equipment and Documents 218 (1) The master of a vessel shall ensure that it is equipped with (a) four sets of self-contained breathing apparatus that meet the requirements of paragraph 210(3)(d) together with four additional filled air bottles, four safety harnesses and four lifelines; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 1 Beginning Fumigation in a Canadian Port Sections 218-219 (b) two devices that can detect the presence of a fumigant when the fumigant is used in its gaseous state; (c) the instructions provided by the manufacturer of the fumigant for the disposal of the fumigant; (d) the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO; and (e) the medicines and medical equipment specified in the Guide referred to in paragraph (d) for the fumigant used in the fumigation. (2) The equipment required by paragraphs (1)(a) and (b) is in addition to any other equipment that is required to be carried on board the vessel when no fumigation takes place. (3) If the devices referred to in paragraph (1)(b) require re-arming after use, the authorized representative of the vessel shall ensure that it is equipped with 10% more spare tubes than are needed to conduct the tests required by paragraph 220(3)(a) for the duration of the voyage. Tests Before Leaving Port 219 (1) Subject to subsection 220(1), the vessel shall not leave the port until (a) 24 hours after fumigation begins or any longer period that the fumigator-in-charge determines is necessary to ascertain whether there is any leakage of the fumigant has elapsed; and (b) the fumigator-in-charge has advised the vessel’s master in writing that he or she has determined that there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h). (2) The fumigator-in-charge shall conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which cargo is being fumigated, including tests to determine whether the concentration of the fumigant in the space is sufficiently high during the testing to detect leakage. (3) The tests shall be conducted at least three times and the last test shall be conducted at the end of the 24-hour period or the longer period, as the case may be. (4) If the fumigator-in-charge determines that a fumigant is leaking, the vessel shall not leave the port until he or she Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 1 Beginning Fumigation in a Canadian Port Sections 219-220 (a) ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and (b) issues a clearance certificate in respect of every space into which the fumigant was leaking. (5) If, after conducting the periodic tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo is being fumigated or, in the case of a fumigation referred to in subsection 217(5), in the holds adjacent to the accommodation spaces. When Fumigator-in-charge Is on Board the Vessel After It Leaves Port 220 (1) Section 219 does not apply if a fumigator-incharge is on board the vessel when it leaves the port and remains on board (a) for at least 24 hours; (b) until he or she determines that (i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that he or she could detect whether any of the fumigant is leaking from the space, (ii) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gasfree, and (iii) there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h); and (c) for any additional period that he or she determines is necessary in the circumstances. (2) The fumigator-in-charge or a competent person acting under his or her direction shall conduct any periodic tests in the vessel that the fumigator-in-charge determines are reasonably necessary to ascertain whether any fumigant is leaking from a space that is being fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high during the testing to detect leakage. (3) The tests shall be conducted Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 1 Beginning Fumigation in a Canadian Port Sections 220-222 (a) at least every eight hours, with the first test beginning when the vessel leaves the place where the fumigation began; and (b) in a manner that will indicate whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a crew member. Before the Fumigator-in-charge Leaves the Vessel 221 The fumigator-in-charge shall not leave the vessel unless (a) the concentration of the fumigant in a space that is being fumigated was sufficiently high that he or she could have detected whether any of the fumigant was leaking from the space; (b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gasfree; (c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board; (d) there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 218(1)(b) to detect the presence of a fumigant in a space during the voyage; and (e) he or she has notified the vessel’s master in writing that the responsibility for carrying out the fumigation rests with the master. SUBDIVISION 2 Fumigation That Begins in a Canadian Port or Outside Canadian Waters Application 222 This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if (a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or (b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 2 Fumigation That Begins in a Canadian Port or Outside Canadian Waters Sections 223-226 Fumigant Detected in a Space That Is Likely to Be Occupied 223 (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master. (2) Every person in the space shall evacuate it. (3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free. Report of Danger 224 If persons on board a vessel are in serious and imminent danger as a result of the fumigation of the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available. Recording Tests 225 If a person conducts a test to determine whether a fumigant is present in a space, the vessel’s master shall record the date and results of the test in the vessel’s logbook. Aeration 226 (1) If the vessel is under way, the vessel’s master or, if a fumigator-in-charge is on board, the fumigator-incharge shall ensure that any aeration of a space that was fumigated is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system. (2) The vessel’s master shall ensure that the aeration is carried out only if he or she determines that it is necessary for the safety of the crew or to meet an emergency that could affect the crew. (3) During the aeration, the master or, if a fumigator-incharge is on board, the fumigator-in-charge shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system. (4) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 3 Fumigation in Transit SUBDIVISION 2 Fumigation That Begins in a Canadian Port or Outside Canadian Waters Sections 226-228 (a) the master shall direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant; and (b) the aeration of the space shall not resume unless the master or, if a fumigator-in-charge is on board, the fumigator-in-charge determines that its resumption will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system. DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit SUBDIVISION 1 Unloading or Topping Off Application 227 This Subdivision applies in respect of a foreign vessel in Canadian waters if it is carrying bulk cargo that has been fumigated in transit and any part of it is to be unloaded or topped off at a Canadian port. Notice 228 No vessel shall enter Canadian waters until a notice has been sent to the Department of Transport Marine Safety nearest to the port to which the vessel is destined that sets out (a) the name of the vessel; (b) the name of the port; (c) the expected date of the vessel’s arrival in the port; (d) the nature of the cargo; (e) the name of the fumigant that was used to fumigate the cargo; and (f) the date on which the fumigation in transit began. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit SUBDIVISION 1 Unloading or Topping Off Sections 229-231 Entering Spaces 229 (1) No person shall enter a space that was fumigated unless a clearance certificate has been issued in respect of the space. (2) Subsection (1) does not apply to any person (a) who is wearing a self-contained breathing apparatus that can protect them against any fumigant that is used for the fumigation and who is experienced and knowledgeable in the use of the apparatus; and (b) who is wearing a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing such an apparatus. Removal of Signs 230 (1) When a clearance certificate has been issued in respect of a space, the vessel’s master shall ensure that any signs warning of the fumigation are removed. (2) The master shall enter the date and time of the issuance of the clearance certificate and of the removal of the signs in the vessel’s logbook. Conditions for Unloading and Topping Off 231 (1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the space where the cargo is located. (2) Every person who unloads or tops off the cargo shall use mechanical equipment that is controlled from outside the space in which the fumigation in transit was carried out. (3) Every person who operates the mechanical equipment shall do so on an open deck of the vessel windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators. (4) During the unloading or topping off of the cargo, no person shall enter the space from which it is being unloaded or topped off. (5) Despite subsection (4), a person may enter the space to service the mechanical equipment if they are at all times accompanied by a competent person who continuously measures the concentration of the fumigant at or near the place where the servicing takes place. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit SUBDIVISION 1 Unloading or Topping Off Sections 231-235 (6) If the concentration of a fumigant set out in column 1 of Schedule 2 in a space exceeds one half of the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that can protect them against the fumigant. SUBDIVISION 2 When Cargo Is Not to Be Unloaded or Topped Off Application 232 This Subdivision applies in respect of a foreign vessel if it is carrying bulk cargo that has been fumigated in transit and enters a Canadian port for a purpose other than the unloading or topping off of any of that cargo. Duty of Master 233 The master of a vessel shall ensure that a fumigatorin-charge boards the vessel immediately after it is moored in a Canadian port. Duties of Fumigator-in-charge 234 The fumigator-in-charge shall, as soon as feasible, (a) display near the gangways and near the entrances that lead to a space in which cargo has been fumigated a sign that meets the requirements of paragraph 210(1)(b); (b) post a person to keep watch at each place where the vessel can be boarded while it is moored; and (c) conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which the cargo has been fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo has been fumigated is sufficiently high during the testing to detect leakage. Leakage of Fumigant 235 (1) If the fumigator-in-charge determines that a fumigant is leaking into a space that is likely to be occupied by any person, the vessel shall not leave the port until Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit SUBDIVISION 2 When Cargo Is Not to Be Unloaded or Topped Off Sections 235-237 (a) the fumigator-in-charge ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and (b) the fumigator-in-charge issues a clearance certificate in respect of the space into which the fumigant was leaking. (2) If, after conducting the initial tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo was fumigated. Duties of Person Keeping Watch 236 (1) The person keeping watch shall not allow a person who is not a crew member and is not on the vessel’s business to board the vessel. (2) The person keeping watch shall ensure that any person who is not a crew member but is on the vessel’s business does not enter a space in respect of which a sign required by paragraph 234(a) is displayed. If Cargo is Aerated 237 (1) If the vessel’s master directs that any of the cargo that was fumigated in transit be aerated, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall ensure that the aeration is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system. (2) During the aeration, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall conduct tests to measure the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system. (3) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, the master shall (a) ensure that every person in the space (i) wears self-contained breathing apparatus that can protect them against the fumigant, or (ii) evacuates it until a test result shows that the concentration of the fumigant does not exceed the applicable TLV; or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 4 Arrival of Cargo That Has Been Fumigated in Transit SUBDIVISION 2 When Cargo Is Not to Be Unloaded or Topped Off Sections 237-241 (b) direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant until a fumigator-in-charge determines that the resumption of aeration will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system. DIVISION 5 Carriage of Cargo Transport Units That Have Been Fumigated 238 This Division applies in respect of cargo transport units of which the contents have been fumigated but not aerated before the units are loaded on board a vessel. 239 No person shall load a cargo transport unit onto a vessel unless (a) a competent person has determined that the concentration of fumigant is reasonably uniform throughout the unit; and (b) the vessel’s master has been informed that the contents of the unit have been fumigated. 240 (1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at a distance of at least 6 m from the crew accommodation, the passenger accommodation, if any, work areas and vessel ventilation intakes. (2) Despite subsection (1), a cargo transport unit may be stowed below deck in a vessel that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed if the vessel carries not more than 25 passengers or 1 passenger for every 3 m of the vessel’s overall length, whichever is greater. 241 If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the vessel’s master has notified the following of the vessel’s expected arrival at the port at least 24 hours before the vessel enters the port: (a) the Department of Transport Marine Safety Office nearest to the port; or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 2 Fumigation DIVISION 5 Carriage of Cargo Transport Units That Have Been Fumigated Sections 241-300 (b) the harbour master at the port or, if there is no harbour master, the person responsible for the port. [242 to 299 reserved] PART 3 Tackle Interpretation 300 (1) The following definitions apply in this Part. accommodation ladder means a means of access to and egress from a vessel that includes platforms on different levels with ladders between the platforms and that (a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point; (b) is hinged at its top; and (c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée) cargo gear includes lifting appliances and forklift trucks. (engins de manutention) category 1 lifting appliance means (a) a crane, other than a mobile crane, installed on a vessel; or (b) a derrick, a derrick crane or an elevator. (appareil de levage de catégorie 1) category 2 lifting appliance means a container crane, a rail-mounted or wharf crane with a safe working load of 10 tonnes or more, a sheerlegs or a shore-based shiploader. (appareil de levage de catégorie 2) category 3 lifting appliance means a rail-mounted or wharf crane with a safe working load of less than 10 tonnes or grain loading equipment. (appareil de levage de catégorie 3) category 4 lifting appliance means a mobile crane or any other mobile lifting-machine, other than a forklift truck, that has load radius restrictions similar to those of a mobile crane. (appareil de levage de catégorie 4) category 5 lifting appliance means a vehicle ramp installed on a vessel or a continuous loading or unloading system or appliance. (appareil de levage de catégorie 5) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle Interpretation Section 300 classification society means the American Bureau of Shipping, Bureau Veritas (Canada), Det norske Veritas, Lloyd’s Register of Shipping, Germanischer Lloyd or, in respect of a foreign vessel, any similar organization recognized by or under the laws of the state whose flag the vessel is entitled to fly. (société de classification) Convention 152 means the Convention Concerning Occupational Safety and Health in Dock Work, adopted by the International Labour Conference on June 25, 1979. (Convention 152) expert person, in respect of a specified function, means a person who has the knowledge, training and experience to perform the function safely and properly. (expert) lifting appliance means a category 1 lifting appliance, a category 2 lifting appliance, a category 3 lifting appliance, a category 4 lifting appliance or a category 5 lifting appliance. (appareil de levage) loose gear means small cargo gear, such as rings, hooks, shackles, pulley blocks, links, swivels, chains, slings and wire pennants, that is not permanently attached to a lifting appliance or the vessel. It does not include wire rope, wire banding or flat steel strapping that unitizes cargo. (engins mobiles) main accessory gear means any cargo gear that is designed to be used with a lifting appliance, such as spreaders, container frames, probes, grabs, vacuum discs, friction clamps and heavy hooks. It does not include loose gear, wire rope, wire banding or flat steel strapping that unitizes cargo. (engins accessoires principaux) material includes cargo, equipment, fittings, fuel and ships’ stores. (marchandises) material handling means all or any part of the work of (a) moving or handling material that is performed on board a vessel; or (b) loading or unloading a vessel that is performed (i) on board a vessel, (ii) on a crib or structure that the vessel is alongside, or (iii) onshore in Canada, in an area within the scope of any lifting appliance or other equipment that is employed in the loading or unloading of a vessel and in the immediate approaches to such an area, other than in a shed or warehouse or any part of a Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle Interpretation Section 300 wharf forward or aft of the vessel’s mooring lines. (manutention de marchandises) pulley block includes a single- or multiple-sheave block, but does not include a crane block specially constructed for use with a crane to which it is permanently attached. (moufle) restricted vessel means a vessel that is prevented from heeling by means such as fittings that secure the vessel to the sea floor. (bâtiment restreint) Safety and Health in Ports means Safety and Health in Ports, published by the International Labour Office. (Sécurité et santé dans les ports) Safety Code on Mobile Cranes means CAN/CSA Standard Z150-98, Safety Code on Mobile Cranes, published by the Canadian Standards Association. (Code de sécurité sur les grues mobiles) safety factor means the number of times that a load can be increased before failure occurs. (coefficient de sécurité) SWL means safe working load. (CMU) thorough examination means, in respect of cargo gear or an accommodation ladder, a detailed visual examination supplemented, if necessary, by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and other means, in order to arrive at a reliable conclusion as to the safety of the gear or ladder. (examen approfondi) union purchase means a pair of derricks rigged in a fixed position with the cargo runners coupled. (colis volant) worker means any person engaged in material handling. (travailleur) Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle Interpretation Section 300 (2) For the purposes of this Part, a competent person is (a) in respect of the testing and thorough examination of cargo gear, (i) a marine safety inspector referred to in section 11 of the Act, (ii) a surveyor employed by a classification society, or (iii) if the gear is part of a vessel’s equipment, a surveyor authorized by or under the laws of the state whose flag the vessel is entitled to fly to perform the testing and thorough examination; (b) in respect of the testing and thorough examination of specific cargo gear, a person who has appropriate technical qualifications with respect to its testing or thorough examination and is employed by (i) a testing laboratory, or (ii) a person engaged in the manufacture or repair of the gear; and (c) in respect of the thorough examination of cargo gear, a person who is employed by the owner of the gear and who (i) holds a master certificate of competency, a chief mate certificate of competency or a first- or secondclass engineer certificate of competency, or (ii) has the experience necessary to perform the thorough examinations. (3) Until two years after the day on which this section comes into force a reference in this Part to “Convention 152” shall be read as a reference to “Convention 152 or the Convention Concerning the Protection Against Accidents of Workers Employed in Loading or Unloading Ships (Revised 1932), adopted by the International Labour Conference on April 27, 1932”. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle Application Sections 301-302 Application 301 (1) This Part applies in respect of (a) cargo gear used in material handling; and (b) shore-based power-operated ramps and accommodation ladders used to access vessels. (2) This Part does not apply in respect of vessels engaged in dredging or construction operations. (3) Sections 302 to 359 do not apply in respect of lifting appliances that are operated onshore or on a restricted vessel in accordance with any regulations of the province in which the lifting appliance is being operated, standards of the International Standards Organization or standards of the Deutsches Institut für Normung e. V. (DIN) that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections. (4) Division 1 does not apply when the load handled does not exceed 455 kg. DIVISION 1 Cargo Gear Compliance 302 (1) The authorized representative of a vessel shall ensure that the requirements of this Division are met in respect of cargo gear that is part of the vessel’s equipment. (2) Except as provided in subsection (3), the owner of cargo gear that is not part of a vessel’s equipment shall ensure that the requirements of this Division are met in respect of the gear. (3) In the case of unitized cargo and wire banding or flat steel strapping that unitizes cargo, (a) before the cargo is loaded on a vessel in Canadian waters, the shipper shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping; and (b) while the cargo is being carried on or unloaded from a vessel, the master of the vessel shall ensure Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Compliance Sections 302-303 that the requirements of sections 361 and 362 are met in respect of the banding or strapping. (4) If a category 4 lifting appliance is used on board a Canadian vessel on a temporary or seasonal basis, the owner of the appliance and the authorized representative of the vessel shall ensure that the requirements of this Division are met in respect of the appliance. (5) Sections 303 to 306 do not apply in respect of cargo gear on board a foreign vessel if the gear was tested and examined in accordance with, and a certificate was signed after the last time the gear was tested or thoroughly examined under, (a) the laws of the state whose flag the vessel is entitled to fly if that state is a party to Convention 152; or (b) the regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections. Testing, Thorough Examination and Inspection Lifting Appliances 303 (1) Every lifting appliance shall be tested by a competent person in the manner set out in Schedule 4 (a) before the appliance is used for the first time or, in the case of a category 4 lifting appliance installed on a vessel that is not a restricted vessel, before the first time it is used on the vessel; (b) after replacement, modification or repair of any stress-bearing part, unless the part is mechanically detachable and has been tested separately from the appliance and certified in accordance with section 312; (c) at least once every five years if the appliance is a category 1 lifting appliance, category 2 lifting appliance, or category 3 lifting appliance; and (d) at least once every four years if the appliance is a category 4 lifting appliance. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Section 303 (2) If a lifting appliance cannot be tested in the manner set out in Schedule 4 because of any design feature specific to the appliance, the testing shall be adapted to take that feature into account. (3) A lifting appliance shall not be tested unless the competent person has been provided with (a) a certificate in respect of the appliance that was issued under subsection 312(1) after a previous test; (b) the design plans of the appliance’s manufacturer that set out the manufacturer’s ratings for the appliance, including its safe working load; or (c) an affidavit sworn by the appliance’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load. (4) A lifting appliance passes the test if (a) the means provided on all winches to stop and hold the load in position are effective; (b) if electrical winches are fitted with electromagnetic brakes and with mechanical brakes for manual operation, the mechanical brakes are in good condition; (c) the emergency stopping devices fitted on winches are effective; (d) no defects or signs of permanent deformation are detected; and (e) in the case of a mobile crane on a vessel that is not a restricted vessel, the slewing capacity of the crane when tested secured to the vessel is adequate to control the boom under the heel produced by the testing. (5) Paragraph (1)(a) does not apply in respect of a category 5 lifting appliance that is installed on a Canadian vessel that is not a Safety Convention vessel and is operated on that vessel before this section comes into force. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Sections 304-305 304 (1) A lifting appliance shall be thoroughly examined (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out under subsection 303(1); and (b) by a competent person at least once every year after it is tested. (2) A category 5 lifting appliance installed on a Canadian vessel that is not a Safety Convention vessel and operated on that vessel before this section comes into force shall be thoroughly examined (a) by a person referred to in paragraph 300(2)(a) or (b) within one year after the day on which this section comes into force and at least once every five years after that examination; and (b) by a competent person at least once every year after the most recent examination made in accordance with paragraph (a). (3) A lifting appliance passes the examination if (a) certificates have been issued under section 312 for the loose gear used with the appliance; (b) the parts that align and swivel under load are free; (c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order; (d) parts are not affected by corrosion to the extent that they cannot be opened; and (e) no defects or signs of permanent deformation are detected. Loose Gear and Main Accessory Gear 305 (1) The loose gear or main accessory gear set out in column 1 of Schedule 5 shall be tested by a competent person with a load equal to the load set out in column 2 (a) before the gear is used for the first time; and (b) after the gear is modified or repaired and before it is used again. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Sections 305-308 (2) For the purpose of subsection (1), (a) single-sheave pulley blocks with a becket shall be tested with the becket included in the reaving; and (b) friction, electro-magnetic and vacuum connectors shall be tested for five minutes with the type of material that they are designed to lift. (3) Main accessory gear shall not be tested unless the competent person has been provided with (a) a certificate in respect of the gear that was issued under subsection 312(2) after a previous test; (b) the design plans of the gear’s manufacturer that set out the manufacturer’s ratings for the gear, including its safe working load; or (c) an affidavit sworn by the gear’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load. (4) Gear passes the test if it is does not break and no defects or signs of permanent deformation are detected. 306 (1) Loose gear and main accessory gear shall be thoroughly examined (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out in accordance with subsection 305(1); and (b) by a competent person at least once every year after it is tested. (2) Gear passes the examination if no defects or signs of permanent deformation are detected. Wire Ropes 307 Before being used, wire rope shall be tested by a competent person causing a sample section to be pulled to destruction. 308 (1) Wire rope shall be thoroughly examined by a competent person at least once every year after it is tested or, if the rope passes over a drum or sheave, at least once every six months after it is tested. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Sections 308-309 (2) Wire rope passes the examination if (a) there is no sign of internal corrosion; (b) there is no sign of a tendency towards separation of the strands or wires; (c) there are no flats on individual wires; (d) the number of broken wires in any length equal to eight diameters does not exceed (i) 10% of the total number of wires in the length, or (ii) any lesser number of broken wires that is required by section 12 of Wear Standards for Cargo Gear, TP 9396, published by the Department of Transport; and (e) its diameter is not reduced by more than (i) 7% when elongation of the lay has occurred or a strand is becoming buried, or (ii) 10% when the lay is uniform. Metal Fittings Attached to Wire Ropes 309 (1) Before being used, a metal fitting attached to a wire rope by swaging or socketing shall be tested by a competent person with a load equal to 200% of the rope’s safe working load. (2) A fitting passes the test if it does not break and no defects or signs of permanent deformation are detected. (3) Despite subsections (1) and (2), fittings attached by swaging by the same machine to wire rope that is the same type and size and is less than 25 mm in diameter may be type tested if (a) at least 10% of the fittings are proof tested by a person referred to in paragraph 300(2)(b) with a load equal to 200% of the rope’s safe working load and the fittings tested do not break and no defects or signs of permanent deformation are detected; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Sections 309-310 (b) one fitting in every one thousand or fewer is pulled to destruction and the fitting does not break or fail at less than the breaking strength of the rope; (c) the person who performs the proof testing signs a certificate that certifies that the fitting passed the test and sets out (i) a description of the fittings and the rope, (ii) any identifying marks on the fittings, (iii) the name of the manufacturer of the fittings, (iv) the date of the test, the number of fittings tested and the total number of fittings being certified, (v) the load applied and the safe working load, (vi) their name and (A) if they are an employee, the name and address of their employer, or (B) if they are not an employee, their address, and (vii) their technical qualifications; (d) the fittings are marked to identify them to the test certificate; and (e) the certificate is kept on board the vessel or at the rope owner’s premises, as the case may be. Prohibitions 310 (1) No lifting appliance, loose gear or main accessory gear shall be used unless a certificate was issued under subsection 312(1) or (2) after the last time it was tested or thoroughly examined under (a) any of sections 303 to 306; (b) the laws of a state whose flag a foreign vessel is entitled to fly if the appliance or gear is being used on the vessel and the state is a party to Convention 152; or (c) regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by sections 303 to 306. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Testing, Thorough Examination and Inspection Sections 310-311 (2) No loose gear or wire rope shall be used unless an expert person inspected it within the preceding three months and determined that it is safe to use. (3) No wire rope shall be used unless it passed its most recent thorough examination under section 308. (4) No wire rope in which any wire is broken shall be used unless an expert person inspects it on the day of its intended use and determines that it is safe to use. (5) No wire rope with a metal fitting attached to it by swaging or socketing shall be used unless the metal fitting passed the test under section 309. (6) Friction, electro-magnetic and vacuum connectors shall not be used to lift any type of material not listed on the certificate issued under subsection 312(2) if anyone is within range of any material that could fall when the lifting is started. (7) No mechanical, electrical, gearing, hydraulic or pneumatic system or machine shall be used if it is not in good working order. Registers and Certificates Registers 311 (1) The master of a vessel shall keep on board the vessel a register that lists the cargo gear that forms part of the equipment of the vessel. (2) A register that lists cargo gear that does not form part of the equipment of a vessel and is tested or thoroughly examined under any of sections 303 to 306 shall be kept at the premises of the gear’s owner. (3) A competent person who tests or thoroughly examines a lifting appliance, loose gear or main accessory gear shall enter the following in the register in a space adjacent to the listing for the appliance or gear and shall sign the register: (a) the date of the test or examination; (b) the particulars and results of the test or examination; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Registers and Certificates Sections 311-312 (c) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (d) the position, qualifications, certification or experience that qualifies them as a competent person. (4) A competent person who thoroughly examines a category 1 lifting appliance, a category 2 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance that has been in use for five years or more shall record measurements of any corrosion, deformation or significant wear in structural or moving parts under subsection (3) or in a certificate attached to the register under subsection 312(7) if such measurements have not been so recorded within the previous five years. (5) A competent person who thoroughly examines a wire rope shall enter the following in the register in a space adjacent to the listing of the rope or, if the rope is part of a lifting appliance, in a space adjacent to the listing for the appliance, and shall sign the register: (a) the date of the examination; (b) the particulars and results of the examination; (c) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (d) the position, qualifications, certification or experience that qualifies them as a competent person. (6) Despite subsections (3) to (5), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the competent person may enter the information required by that state. Certificates 312 (1) If a lifting appliance passes the test under section 303 or the thorough examination under section 304, the competent person shall sign and issue a certificate that certifies that the appliance passed the test or examination and sets out Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Registers and Certificates Section 312 (a) the location and a description of the appliance; (b) any identifying marks on the appliance; (c) if a test was conducted, the load applied and either the angle to the horizontal or the radius at which the load was applied; (d) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (e) the position, qualifications, certification or experience that qualifies them as a competent person. (2) If loose gear or main accessory gear passes the test under section 305 or the thorough examination under section 306, the competent person shall sign and issue a certificate that certifies that it passed the test or examination and sets out (a) the location and a description of the gear; (b) any identifying marks on the gear; (c) in the case of loose gear, (i) the name of its manufacturer or supplier, and (ii) if a test was conducted, the date of the test and the number of similar pieces of gear tested on that date; (d) if a test was conducted, the load applied and the safe working load; (e) in the case of a test of a friction, an electro-magnetic or a vacuum connector, the type of material tested; (f) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (g) the position, qualifications, certification or experience that qualifies them as a competent person. (3) After wire rope is tested under section 307, the competent person shall sign and issue a certificate that sets out Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Registers and Certificates Section 312 (a) a description of the rope; (b) any identifying marks on the rope; (c) the name of the manufacturer or supplier of the rope, (d) the circumference or diameter of the rope, the number of wires per strand, the lay, the quality of the wire and the load at which a sample of the rope broke; (e) the date of the test; (f) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (g) the position, qualifications or experience that qualifies them as a competent person. (4) If derricks are tested when operated in union purchase, the competent person shall sign and issue a certificate that sets out (a) the location and a description of the derricks and the manner in which they are rigged; (b) any identifying marks on the derricks; (c) the maximum height of the triangle plate above the hatch coaming or the maximum angle between cargo runners; (d) the load applied and the angle to the horizontal or the radius at which the load was applied; (e) the position of outboard and inboard preventer guy attachments; (f) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (g) the position, qualifications or experience that qualifies them as a competent person. (5) The competent person shall provide the certificate to Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Registers and Certificates Sections 312-316 (a) in the case of cargo gear that forms part of the equipment of a vessel, the vessel’s master; and (b) in the case of cargo gear that does not form part of the equipment of a vessel, the gear’s owner. (6) Despite subsection (1), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the certificate may set out the information required by that state. (7) Certificates shall be attached to the register. Easily Identifiable Cargo Gear 313 Cargo gear shall be easily identifiable from the information set out in any certificate for the gear or from any entry for the gear in a vessel’s register. Prohibitions on Using Cargo Gear 314 (1) If a person does not produce the register when directed to do so under paragraph 211(4)(e) of the Act, cargo gear that should be listed in the register shall not be used until it is produced. (2) If the certificates for any cargo gear that should be listed in the register are not attached to it when it is produced, that cargo gear shall not be used until the certificates are produced or the cargo gear is tested or thoroughly examined. Reporting Changes 315 If a person is directed under paragraph 211(4)(e) of the Act to produce the register, on production of the register, the person shall report any change in the cargo gear listed in the register since it was last tested that could adversely affect the results of that test. Preservation 316 The register and certificates shall be kept on board the vessel or at the cargo gear owner’s premises, as the case may be, for at least five years after the date of the most recent entry in the register. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Safety Factors Sections 317-318 Safety Factors 317 (1) The safety factors set out in or determined in accordance with any of the following shall be adopted as a minimum in the manufacture of the articles set out in column 1 of Schedule 6: (a) column 2; (b) the regulations, rules or codes of a classification society; (c) if the article is a part of a lifting appliance that is operated onshore or on a restricted vessel, (i) the regulations of the province in which the appliance is being operated, (ii) the standards of the International Standards Organization, or (iii) the standards of the Deutsches Institut für Normung e. V. (DIN); or (d) in the case of wire rope that is part of a lifting appliance that is operated onshore or on a restricted vessel, paragraph E.1.2 of Appendix E to Safety and Health in Ports. (2) Cargo gear shall not be used when, because of wear, corrosion or other reasons, the safety factor of any part of it is less than 80% of the safety factor adopted in its manufacture. Safe Working Loads Exceeding Safe Working Loads 318 (1) No lifting appliance shall be loaded beyond its safe working load. (2) The resultant load on main accessory gear or loose gear used with a lifting appliance shall not exceed the safe working load of the gear. (3) Single-sheave pulley blocks may be used in any position where the maximum resultant load on the head fitting is not more than twice the safe working load engraved or stamped on the block. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Safe Working Loads Sections 319-323 Determining Safe Working Loads Derricks 319 In each case referred to in subsections 323(2) and (3), the safe working load shall be determined for the lowest working angle of the boom shown in the rigging plan for the derrick. Loose Gear — General 320 (1) The safe working load of loose gear shall be determined by an expert person testing a prototype of the gear to destruction. (2) Despite subsection (1), the safe working load of specially designed spreader beams, lifting frames and lifting clamps shall be determined by an expert person using design calculations. Slings 321 (1) The safe working load of slings that are not used in a straight vertical lift configuration or as one-legged slings shall be determined in accordance with sections 5.3.1.2 to 5.3.1.6 of Safety and Health in Ports. (2) The safe working load of a synthetic webbing sling shall be determined in a manner that takes into account any potential loss of strength caused by the stress introduced by the interaction of the cargo hook intended to be used with the sling. Wire Rope 322 The safe working load of a wire rope is one fifth of the breaking strength of the sample tested under section 307. Marking or Indicating Safe Working Loads Lifting Appliances 323 (1) Every lifting appliance, other than a category 4 lifting appliance, shall have its safe working load clearly marked on it. (2) If only one safe working load is marked on a derrick, it shall be the safe working load with single purchase only. If two safe working loads are marked, the first shall be the safe working load with single purchase and the second shall be the safe working load with double purchase. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Safe Working Loads Sections 323-327 (3) If a certificate has been issued under subsection 312(4) in respect of a derrick tested when operated in union purchase, the safe working load shall be marked with the letters “SWL(U)” or “CMU(CV)” to indicate that it is the safe working load for operation in union purchase. Main Accessory Gear 324 Main accessory gear shall have its safe working load clearly marked on it. Pulley Blocks 325 Every pulley block shall have its safe working load permanently engraved or stamped on it. Slings 326 The safe working load of slings in a straight vertical lift configuration shall be indicated as follows: (a) in the case of chain slings, by marking them in figures or letters on the sling or on a tablet or ring of durable material attached securely to the sling; (b) in the case of wire-rope slings and reusable natural- or synthetic-fibre rope or webbing slings, as specified in paragraph (a) or by stating the safe working loads for the various sizes of slings used on a notice and exhibiting it so that it can be easily read by persons using the slings; (c) in the case of disposable webbing slings, by marking the slings with a “U” or the word “DISPOSABLE” or “JETABLE”; and (d) in the case of disposable stranded rope slings, by using marker yarns or other means that identify the slings with their certificates issued under subsection 312(2). Reduction of Safe Working Loads 327 (1) When a lifting appliance is operated on a vessel that is not sheltered from the action of waves, its safe working load shall be considered to be reduced Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Safe Working Loads Sections 327-328 (a) as provided for in a table provided by its manufacturer with respect to the safe working load to be adopted under those conditions; or (b) if the manufacturer has not provided the table and the visually determined vertical range between the hook and the load attachment point resulting from the vessel’s motion in the waves is within the range set out in column 1 of the table to this paragraph, by the percentage set out in column 2. TABLE Column 1 Column 2 Item Range (m) Reduction to SWL (%) 0.2 – 0.5 0.5 – 1.5 1.5 – 2.5 (2) A copy of the table referred to in paragraph (1)(a) or (b), as the case may be, shall be posted at a location that is visible from the appliance’s control position. (3) Subsections (1) and (2) do not apply if the appliance automatically compensates for the vessel’s motion in waves. Rigging Plans 328 (1) A rigging plan and any other information necessary to safely rig the lifting appliances installed on a vessel shall be kept on board the vessel. (2) The rigging plan shall show (a) the position of the pulley blocks and guys; (b) the resultant load on pulley blocks, guys, wire ropes and booms; (c) any identifying marks on main accessory gear or loose gear; and (d) the working range of the appliances. (3) An additional rigging plan shall be kept on board the vessel if lifting appliances installed on the vessel are coupled in any combination to each other or to other lifting appliances. The additional rigging plan shall show the information set out in subsection (2) for the manner in which the appliances are coupled. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Rigging Plans Sections 328-332 (4) The lifting appliances shall be rigged in accordance with the rigging plan and, if applicable, the additional rigging plan. Derricks Operation in Union Purchase 329 (1) If a derrick is marked with a safe working load for operation in union purchase under subsection 323(3), a stress diagram or position-setting data shall be provided to the operator of the derrick. (2) If two derricks are operated in union purchase but are not marked under subsection 323(3), (a) the derricks shall both be rigged in single purchase or both be rigged in double purchase; (b) the load lifted shall not be in excess of one-half the safe working load of the derricks as rigged; and (c) the angle formed by the cargo runners shall not exceed 120°. 330 If opposite sets of derricks are rigged for operation in union purchase so that both the inner and outer derricks are served by common runners with running pulley blocks on them and the blocks are shackled to the lifting hook, the safe working load is twice the safe working load with single purchase of the set of derricks with the smaller safe working load. Boom Angle 331 If a derrick’s boom is tested at an angle exceeding 15° above the horizontal, the angle at which it was tested shall be marked on it and the boom shall not be operated at a lower angle. Guys 332 (1) A derrick with a fixed boom shall, unless the special design of the derrick renders preventer guys unnecessary, be fitted with preventer guys that are (a) secured to the head of the boom and independent of other fittings; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Derricks Sections 332-335 (b) made from wire or chains; and (c) strong enough to take working stresses without assistance from the derrick’s fibre guys. (2) A derrick’s guys shall be secured only to eye pads or other fittings that are sufficiently strong to withstand the working stresses. Preventing Accidental Lifting 333 No derrick shall be used unless measures have been taken to prevent the foot of the derrick from being accidentally lifted out of its socket or support. Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Application 334 Sections 335 to 341 apply in respect of category 4 lifting appliances on Canadian vessels that are not restricted vessels. General 335 (1) A category 4 lifting appliance shall not be used unless (a) its manufacturer has specified conditions for its operation on a vessel, such as (i) the maximum heel that may occur in the direction of the boom, (ii) the maximum side load, if any, to which it may be exposed, expressed in terms of the angle that the cable may make normal to the plane of the boom, and (iii) the manner in which it is to be secured to the vessel to ensure the appliance’s stability and safety; (b) it is operated in accordance with the specified conditions; (c) when the appliance is operated on a vessel, its authorized representative has the manufacturer’s load radius chart for the safe working load of the appliance; Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Sections 335-336 (d) the Department of Transport Marine Safety Office nearest to the vessel has been provided with (i) a drawing that indicates the details of the installation, including how and where on the vessel the appliance is secured, (ii) sufficient information to demonstrate that the points at which the appliance is secured and the supporting structure would be sufficiently strong to withstand the resulting loads on the structure if the appliance were used to lift the maximum load at the maximum radius at which it was tested under subsection 303(1), and (iii) sufficient stability data to demonstrate that the vessel constitutes a safe platform for the appliance when it is being used. (2) Despite subsection (1), a category 4 lifting appliance may be used if (a) its design and its installation on the vessel are approved by a classification society in accordance with its regulations, rules or codes; (b) after it is tested under paragraph 303(1)(a), a certificate referred to in subsection 312(1) is signed by a surveyor employed by the classification society; (c) it is operated in accordance with any conditions specified by the classification society in accordance with its regulations, rules or codes; and (d) the classification society has provided the authorized representative with a load radius chart for the safe working load of the appliance when operated on a vessel. Load Moment Indicator Systems 336 (1) A load moment indicator system that meets the requirements set out in Schedule 7 shall be installed on a category 4 lifting appliance unless it (a) handles bulk commodities or cargo by means of a magnet or a clamshell bucket; or (b) is used to handle or hold hoses in connection with the transfer of bulk liquids or other products handled by hoses. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Sections 336-339 (2) A manufacturer’s manual that contains the instructions for the operation and maintenance of the system shall be available to the operator of the appliance. (3) A certificate or document that sets out the following and is issued by the installer of the system shall be attached to the register referred to in section 311: (a) the model numbers and serial numbers of the appliance and the system; and (b) confirmation that the system is in good working order after installation and that the values indicated on the load radius chart for the appliance are correctly indicated by the system. (4) The operator of the appliance and the officer in charge of material handling shall have successfully completed training in the safe operation of the system and shall each hold a certificate or document furnished by his or her employer or the company that installed the system attesting to the successful completion of the training. Installation 337 (1) A category 4 lifting appliance shall not be used unless it is installed by securing it to the vessel with antitipping lashings at four points in a manner that does not jeopardize the watertight integrity of the vessel. (2) On any open sea passage, a category 4 lifting appliance shall be lashed and chocked as well as secured to the vessel with anti-tipping lashings. Safe Navigation 338 A category 4 lifting appliance shall not obstruct the visibility from the navigation bridge or otherwise impair the safe navigation of the vessel. Use of Appliances 339 A vessel’s master shall ensure that (a) a category 4 lifting appliance is not used to lift Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Sections 339-341 (i) a load that exceeds the maximum load with which it was tested in accordance with subsection 6(1) of Schedule 4, or (ii) a load at a radius greater than the maximum radius at which it was tested in accordance with subsection 6(1) of Schedule 4; (b) when a category 4 lifting appliance is used, the vessel does not heel more than 5° or any lower angle that is set out in the conditions specified by the manufacturer or the classification society, as the case may be; and (c) if there are tanks containing liquids on the vessel, the effects of free surface in the tanks are taken into consideration when a category 4 lifting appliance is used and are minimized when it is used to lift loads that could cause the vessel to heel more than 2°. Placards 340 A durable placard that sets out the following in clearly legible letters and figures shall be securely fixed to a category 4 lifting appliance’s cab in a location easily visible to an operator seated at the control position: (a) the load radius chart for the safe working load of the appliance when operated on a vessel; (b) the appliance’s model number and serial number; (c) the length of the appliance’s boom; and (d) any conditions specified by the manufacturer or the classification society, as the case may be. Inspection and Maintenance 341 (1) Category 4 lifting appliances shall be inspected and maintained in accordance with the manufacturer’s recommendations. (2) The requirements of clauses 4.1 to 4.3, 4.5 and 4.6 of the Safety Code on Mobile Cranes shall be met in respect of mobile cranes. (3) For the purposes of subsection (2), (a) the reference to “owner” in clauses 4.2.1.1, 4.3.1 and 4.6.2.1 of the Safety Code on Mobile Cranes shall be read as a reference to “the authorized representative of the vessel on which the crane is installed”; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances on Canadian Vessels Other Than Restricted Vessels Sections 341-343 (b) the wording of clause 4.2.1.2 of the Safety Code on Mobile Cranes shall be replaced by the following: “The log shall be kept on board the vessel on which the crane is installed.” Category 4 Lifting Appliances Onshore or on Restricted Vessels Application 342 Sections 343 to 346 apply in respect of category 4 lifting appliances onshore or on restricted vessels in Canadian waters. Load Moment Indicator Systems 343 (1) A load moment indicator system that meets the requirements set out in Schedule 7 shall be installed on a category 4 lifting appliance unless it (a) handles bulk commodities or cargo by means of a magnet or a clamshell bucket; (b) is used to handle or hold hoses in connection with the transfer of bulk liquids or other products handled by hoses; (c) is used exclusively to handle material if the total gross mass of a load never exceeds 5 tonnes and the gross mass of every package and of every article of unpackaged material is marked on the package or the article, as the case may be; or (d) is a gantry-type crane that is being used within its capacity limits to handle containers known to be and identified as empty or loaded or to handle other loads by means of a lifting beam supplied by the crane’s manufacturer to be used with the crane. (2) A manufacturer’s manual that contains the instructions for the operation and maintenance of the system shall be available to the operator of the appliance. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances Onshore or on Restricted Vessels Sections 343-346 (3) A certificate or document that sets out the following and is issued by the installer of the system shall be attached to the register referred to in section 311: (a) the model numbers and serial numbers of the appliance and the system; and (b) confirmation that the system is in good working order after installation and that the values indicated on the load radius chart are correctly indicated by the system. (4) The operator of the appliance shall have successfully completed training in the safe operation of the system and shall hold a certificate or document furnished by his or her employer or the installer of the system attesting to the successful completion of the training. Use of Lifting Appliances 344 The operator of a category 4 lifting appliance shall not use it to lift (a) a load that exceeds the maximum load with which it was tested in accordance with subsection 6(2) of Schedule 4; or (b) a load at a radius greater than the maximum radius at which it was tested in accordance with subsection 6(2) of Schedule 4. Placards 345 A durable placard that sets out the following in clearly legible letters and figures shall be securely fixed to a category 4 lifting appliance’s cab in a location easily visible to an operator seated at the control position: (a) the load radius chart for the safe working load of the appliance; (b) the appliance’s model number and serial number; (c) the length of the appliance’s boom; and (d) any conditions specified by the manufacturer. Inspection and Maintenance 346 (1) Category 4 lifting appliances shall be inspected and maintained in accordance with the manufacturer’s recommendations. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Category 4 Lifting Appliances Onshore or on Restricted Vessels Sections 346-348 (2) The requirements of clauses 4.1 to 4.3, 4.5 and 4.6 of the Safety Code on Mobile Cranes shall be met in respect of mobile cranes. Mechanical, Electrical, Gearing, Hydraulic and Pneumatic Systems 347 The mechanical, electrical, gearing, hydraulic and pneumatic systems that are part of a lifting appliance shall (a) meet design standards at least equivalent to (i) if the lifting appliance is operated on board a foreign vessel, design standards approved by the government of the state whose flag the vessel is entitled to fly, (ii) if the lifting appliance is operated onshore or on a restricted vessel, those set out in (A) the regulations of the province in which the appliance is being operated, (B) the standards of the International Standards Organization, or (C) the standards of the Deutsches Institut für Normung e. V. (DIN), or (iii) in any other case, the regulations, rules or codes of a classification society; and (b) be suitably protected or constructed for the environment in which they are likely to be used. Rope 348 (1) Rope shall not be used unless (a) it is free from patent defects; (b) it is used in accordance with the manufacturer’s recommendations; (c) it is made of one continuous length; (d) in the case of wire rope, it meets the requirements of sections 4.4.3.1 and 4.4.3.8 of Safety and Health in Ports; and Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Rope Sections 348-350 (e) in the case of wire rope that has a splice in it and is used in the raising or lowering of a load that could rotate, the splice prevents the lay of the wire from opening. (2) Wire clips shall not be used to form a terminal joint in a wire rope unless the rope is used in standing gear and the clips are fitted in accordance with their manufacturer’s recommendations. (3) Wire rope shall not be used on a category 1 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance installed on a vessel if the rope is (a) anti-rotation or torqueless left-handed laid wire rope of 4 × 29 construction with strands composed of one core wire, seven inner wires, seven filler wires and 14 outer wires, if the core wire or the inner wires have a greater diameter than that of the outer wires; or (b) of essentially the same design as the rope described in paragraph (a). (4) Rope made of fibre interspersed with wire strand shall not be used on the main hoist of a lifting appliance. Thread Diameter of Sheaves 349 (1) If a wire rope is used on a lifting appliance referred to in column 1 of Schedule 8, the thread diameter of a sheave that is used with the rope shall be not less than (a) the diameter set out in column 2 if the rope is used as a running rope; or (b) the diameter set out in column 3 if the rope is used as a fixed span rope. (2) Despite subsection (1), if the manufacturer of the rope has recommended a thread diameter of a sheave that is greater than that required by subsection (1), the thread diameter of the sheave shall be not less than that recommended by the manufacturer. Pallets 350 (1) Pallets shall be of adequate strength for the use for which they are proposed and free from visible defects that would likely affect their safe use. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Pallets Sections 350-355 (2) Pallets that are used in conjunction with bar bridles shall have a lip of at least 75 mm. Mobile Elevating Work Platforms 351 Mobile elevating work platforms that are not lifting appliances shall meet the requirements of any regulations of the province in which they are being operated. Forklift Trucks 352 (1) The lifting capacity of a forklift truck that is specified by the manufacturer in terms of mass and distance from the mast (a) shall be marked on the truck in a readily visible location; and (b) shall not be increased by adding counterweights or by any other means. (2) The mass of the truck and of any counterweights, as well as their total mass, shall be marked on a forklift truck in a readily visible location. Wrought Iron Loose Gear 353 Loose gear made of wrought iron shall not be used. Repairs 354 (1) Repairs that involve the heating, fairing or welding of structural stress-bearing parts of lifting appliances and repairs to loose gear shall be performed by an expert person. (2) Webbing slings shall not be repaired. Structural and Control Safety Measures Eliminating the Possibility of Dangerous Contact 355 (1) Chain and friction drives, cog wheels, electric conductors, gearing, motors, shafting, sheaves and steam pipes that are part of cargo gear shall be covered, shielded, fenced, enclosed or otherwise protected by covers or casings, barriers, guardrails, screens, mats or platforms to eliminate the possibility of dangerous contact by persons or objects. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Structural and Control Safety Measures Sections 355-358 (2) Subsection (1) does not apply in respect of parts that are, by their position or construction, as safe as if they were protected as required by that subsection. Reducing Risk of Accidental Descent 356 (1) Cranes and winches shall be provided with means that minimize the risk of the accidental raising or lowering of a load. (2) For the purpose of subsection (1), (a) the lever that is used to raise or lower the load shall (i) raise the load when moved back or towards the operator, (ii) lower the load when moved forward or away from the operator, and (iii) return to the neutral position when released by an operator; (b) a lever that controls the link motion reversing gear of a crane or winch shall be provided with a spring or other locking arrangement; and (c) the motion of the slew control and the resultant direction of the slew shall be consistent. Use of Lifting Appliances with Limit Switches 357 (1) If limit switches are provided on a lifting appliance, the appliance shall not be used unless the switches are in good working order. (2) Limit switches shall not be left in the by-pass condition when the appliance is in operation. Equipment for Lifting Appliances 358 (1) Lifting appliances shall have an emergency stop button at the operator’s position. (2) A lifting appliance’s machinery shall have a means for promptly cutting off its power in the event of an emergency. (3) A category 2 lifting appliance shall have Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Structural and Control Safety Measures Sections 358-361 (a) an adjustable automatic slow-down device on the lowering function; and (b) an indicator specifying the overrun to be expected under normal working conditions. (4) If wind speed is a limiting condition for the use of a lifting appliance, the appliance shall have an anemometer that (a) is located on a part of the appliance that is exposed to the wind; and (b) has a read-out in the operator’s cab or, in the case of a self-unloading vessel, on the bridge or in the control room of the vessel. Control of Steam 359 If workers are present, exhaust steam and, so far as is feasible, live steam from a crane or winch shall not obscure any part of the decks, gangways, stages or wharves. Report of Accident or Incident 360 (1) If a serious accident or incident occurs involving a lifting appliance that is part of a vessel’s equipment, the vessel’s master shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available. (2) If a serious accident or incident occurs involving a lifting appliance that is not part of a vessel’s equipment, the appliance’s owner shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available. Unitized Cargo 361 (1) Unitized cargo shall not be lifted by using the material that unitizes the cargo unless the material is wire banding or flat steel strapping. (2) The mass of unitized cargo lifted by using wire banding or flat steel strapping that unitizes the cargo shall not exceed the mass determined by the formula A/B where Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Unitized Cargo Sections 361-362 A is the breaking strength of the banding or strapping; and B is the minimum safety factor required by subsection (3) or paragraph (4)(b). (3) Subject to paragraph (4)(b), (a) if the banding or strapping is for a single lift, the minimum safety factor shall be 3.5; and (b) if the banding or strapping is for multiple lifts, the minimum safety factor shall be 4. (4) If the banding or strapping is not designed to be vertical during lifting, (a) the banding or strapping shall provide for a bridle angle of at least 40°; and (b) the minimum safety factor shall be obtained by the formula A × 1/2B where A is the minimum safety factor required under subsection (3); and B is the secant of the maximum bridle angle during lifting. (5) In subsection (4), bridle angle means the maximum angle between the vertical at one of the top corners of the unitized cargo and the banding or strapping during lifting. 362 (1) This section applies in respect of wire banding or flat steel strapping that unitizes cargo when the unitized cargo is lifted using the banding or strapping. (2) If the banding or strapping is for a single lift, it shall not be used to lift the unitized cargo more than once. (3) If the banding or strapping is for multiple lifts, it shall not be used (a) to lift the unitized cargo more than four times; or (b) more than four months after the first time it is used. (4) The banding or strapping shall not be used to lift the unitized cargo for more than four minutes at a time or any longer period that is necessary to complete the lift. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Unitized Cargo Section 362 (5) The banding or strapping shall be used to lift the unitized cargo only in accordance with the lifting method indicated on the certificate under paragraph (8)(i). (6) The knot strength of wire banding shall be at least 90% of the breaking strength of the wires. (7) The banding or strapping shall be accompanied by a certificate that is signed by the person responsible for unitizing the cargo, that certifies the breaking strength and the safety factor of the banding or strapping and that (a) in the case of banding, the strength of joints was tested at least once for every 1 000 tonnes of cargo unitized and at least three times for every consignment; (b) in the case of strapping, the strength of joints was tested at least once for every 300 units; and (c) in the case of multiple-use banding or strapping, the banding or strapping meets the requirements of section 30 of Unitized Cargo Standard, TP 11232, published by the Department of Transport, or equivalent requirements. (8) The certificate shall also set out (a) whether the material used to unitize the cargo is wire banding or flat steel strapping; (b) whether the banding or strapping is single-lift or multiple-lift; (c) the plant, warehouse or other location at which the banding or strapping was fitted on the cargo; (d) any identifying marks on the banding or strapping; (e) a description of the cargo; (f) the number of units of cargo that the certificate covers; (g) the approximate mass of the units; (h) the unitizing system used; (i) the lifting method that should be used, including the number and type of hooks or other lifting devices and the bridle angle, if any; (j) in the case of banding, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 1 Cargo Gear Unitized Cargo Sections 362-364 (i) the number of bands fitted on each unit and how many times each band is wrapped around a unit, (ii) the diameter and breaking strength of the wires in the banding, and (iii) the type of knot used to tie the banding and the breaking strength of the knot; (k) in the case of strapping, (i) the number of straps fitted on each unit, (ii) the width, thickness and breaking strength of the straps, and (iii) the type and number of seals and their location and breaking strength; and (l) if the banding or strapping has been used to lift unitized cargo, the date of the lift and the name of the vessel and of the port, if any, involved. DIVISION 2 Access Equipment Shore-based Power-operated Ramps 363 (1) The owner of a shore-based power-operated ramp that is constructed one year or more after the coming into force of this section shall ensure that the requirements of CAN/CSA Standard S826.1-01, Ferry Boarding Facilities, other than Appendices A to D, that apply in respect of the ramp are met. (2) The owner, as defined in CAN/CSA Standards S826.3-01 and S826.4-01, Ferry Boarding Facilities, of a shore-based power-operated ramp shall ensure that it is maintained and inspected in accordance with the requirements of those Standards. Accommodation Ladders 364 (1) The authorized representative of a vessel shall ensure that every accommodation ladder fitted on the vessel and the vessel’s support and suspension points for the ladder meet Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 2 Access Equipment Accommodation Ladders Sections 364-365 (a) the requirements of ISO Standard 5488, Shipbuilding — Accommodation Ladders or of a classification society; or (b) if the ladder is part of pilot transfer equipment referred to in regulation 23 of Chapter V of SOLAS, the requirements of the annex to IMO Resolution A.889(21), Pilot Transfer Arrangements. (2) Every accommodation ladder fitted on the vessel and the vessel’s support and suspension points for the ladder shall be thoroughly examined by a competent person at least once every year. (3) An accommodation ladder passes the examination if (a) certificates have been issued under section 312 for the loose gear used with the ladder; (b) the parts that align and swivel under load are free; (c) the mechanical, electrical. gearing, hydraulic and pneumatic systems are in good working order; (d) parts are not affected by corrosion to the extent that they cannot be opened; and (e) no defects or signs of permanent deformation are detected. (4) The vessel’s support and suspension points for the ladder pass the examination if no defects or signs of permanent deformation are detected. (5) The ladder shall not be used if it and the vessel’s support and suspension points for it did not pass the most recent examination. (6) The competent person shall provide the authorized representative with a record of the examination, including measurements taken at intervals not exceeding five years of any corrosion, deformation or significant wear in structural or moving parts. (7) The record shall be kept on board the vessel. Report of Accident or Incident 365 (1) If a serious accident or incident occurs involving a shore-based power-operated ramp, the owner, as defined in CAN/CSA Standards S826.3-01 and S826.4-01, Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 3 Tackle DIVISION 2 Access Equipment Report of Accident or Incident Sections 365-410 Ferry Boarding Facilities, of the ramp shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available. (2) If a serious accident or incident occurs involving an accommodation ladder fitted on a vessel, the vessel’s master shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available. [366 to 399 reserved] PART 4 Consequential Amendments, Repeals and Coming into Force Consequential Amendments to the Tackle Regulations 400 [Amendment] 401 [Amendment] 402 [Amendment] 403 [Amendment] 404 [Amendment] Repeals 405 [Repeal] 406 [Repeal] 407 [Repeal] 408 [Repeal] 409 [Repeal] Coming into Force 410 (1) These Regulations, except section 364, come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force. * Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations PART 4 Consequential Amendments, Repeals and Coming into Force Coming into Force Section 410 (2) Section 364 comes into force one year after the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force. [Note: Regulations, except section 364, in force July 1, 2007, see SI/2007-65; section 364 in force July 1, 2008, see SI/2007-65.] * Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 1 SCHEDULE 1 (Subsection 203(1)) Fumigants Column 1 Column 2 Item Fumigant Chemical Formula Hydrogen phosphide (phosphine) PH3 Methyl bromide CH3Br Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 2 SCHEDULE 2 (Subsections 203(2), 211(2), 212(5), 226(4), 231(6) and 237(3)) TLV Column 1 Column 2 Column 3 Item Fumigant TLV (ppm) TLV (mg/m3) Hydrogen phosphide (phosphine) 0.3 0.4 Methyl bromide Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 3 Fumigation Sign SCHEDULE 3 (Subparagraph 210(1)(b)(i)) Fumigation Sign DAN ENTRY PROHIBITED This vessel is being fumigated with (Name of fumigant) On At Date Time Fumigator-in-charge or Master / Spécialiste ou capitaine Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 4 Testing of Lifting Appliances SCHEDULE 4 (Subsections 303(1) and (2), paragraph 339(a) and section 344) Testing of Lifting Appliances 1 (1) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of 20 tonnes or less shall be tested with a load equal to 125% of its SWL. (2) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of more than 20 tonnes but not more than 50 tonnes shall be tested with a load equal to its SWL plus 5 tonnes. (3) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of more than 50 tonnes shall be tested with a load equal to 110% of its SWL. (4) A category 5 lifting appliance shall be tested assembled with its accessory gear with a load equal to 110% of the working load of the assembled appliance. 2 During the testing of a category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance, (a) the load shall be lifted with the lifting appliance at an angle that is not more than 15° from the horizontal or at the lowest feasible working angle; and (b) the load shall be swung as far as possible in both directions after it has been lifted. 3 A lifting appliance, other than a mobile crane, with a jib that has a variable radius shall be tested with the load at the maximum and minimum radii of the jib. 4 A lifting appliance designed to articulate, telescope and elevate under full-load conditions shall be tested with the load over its full operational range. 5 (1) Subject to subsection (2), the test shall be carried out using a dead load. (2) A spring or hydraulic balance may be used for the test instead of a dead load if (a) the appliance is not rigged for union purchase and is being tested after the renewal, modification or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 4 Testing of Lifting Appliances repair of a stress-bearing part other than a part of the brake system; (b) a dead load is not available for the test; (c) the balance was calibrated by a competent person not more than 12 months before the test; and (d) the indicator on the balance remains constant for at least five minutes during the test. 6 (1) A category 4 lifting appliance that is to be used on a vessel that is not a restricted vessel shall be tested (a) on the vessel or onshore (i) at its maximum and minimum radii, and at one or more of its intermediate radii, with a load equal to its SWL on a vessel at those radii, or (ii) at its maximum and minimum projected radii while on board the vessel with a load less than or equal to its SWL on a vessel at those radii; and (b) on completion of installation on a vessel, over its full operational range on the vessel at at least the maximum radius at which it was tested under paragraph (a) with at least the load with which it was tested under that paragraph. (2) A category 4 lifting appliance that is to be used onshore or on a restricted vessel shall be tested (a) over its full operational range at its maximum radius at base-boom length with at least 100% of the maximum weight permitted by the manufacturer’s load rating chart at that radius; and (b) over its full operational range (i) at its maximum and minimum radii, and at one or more of its intermediate radii, with a load equal to its SWL at those radii, or Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 4 Testing of Lifting Appliances (ii) at its maximum and minimum projected radii with a load less than or equal to its SWL at those radii. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 5 SCHEDULE 5 (Subsection 305(1)) Testing of Loose and Main Accessory Gear Column 1 Column 2 Item Gear Load Chains, hooks, links, rings, shackles, slings, sockets, swages, swivels and similar loose gear 2 × SWL Single-sheave pulley blocks without a becket 4 × SWL Single-sheave pulley blocks with a becket 6 × SWL Multiple-sheave pulley blocks with an SWL of (a) not more than 20 tonnes (a) 2 × SWL (b) more than 20 tonnes but not more than 40 tonnes (b) SWL + 20 tonnes (c) more than 40 tonnes (c) 1.5 × SWL Main accessory gear with an SWL of (a) not more than 10 tonnes (a) 2 × SWL (b) more than 10 tonnes but not more than 160 tonnes (b) (1.04 × SWL) + 9.6 tonnes (c) more than 160 tonnes (c) 1.1 × SWL Friction, electro-magnetic and vacuum 2 × SWL connectors Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 6 SCHEDULE 6 (Subsection 317(1)) Safety Factors Column 1 Item Article 1 Column 2 Safety Factor Metal structural parts of a lifting appliance or main accessory gear that has an SWL of (a) not more than 10 tonnes (a) 5 (b) more than 10 tonnes (b) 4 Wooden structural parts of a lifting appliance or main accessory gear Loose gear other than chains and slings 5 Bolts, brackets, lugs and pins that are part of a lifting appliance or main accessory gear Chains 4.5 Wire rope Natural-fibre rope Reusable synthetic-fibre rope or webbing slings Disposable synthetic-fibre rope or webbing slings Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 7 Load Moment Indicator Systems SCHEDULE 7 (Subsections 336(1) and 343(1)) Load Moment Indicator Systems 1 A load moment indicator system installed on a category 4 lifting appliance shall (a) use the same type of measuring units that the load radius chart uses; (b) clearly indicate the measuring units used; (c) give a clear and precise indication of (i) the lifting capacity of the appliance, (ii) the total weight suspended, (iii) the elevated angle of the boom, and (iv) the radius of the boom; (d) be clearly visible so that an operator seated at the control position can easily read the indications during both day and night conditions; (e) be resistant to magnetic influence, weather, shock and vibration; (f) have a visual system that (i) warns the operator when 85% of the appliance’s SWL has been reached, and (ii) does not create an operational hazard; and (g) have a visual and audible system in the interior of the cab and an exterior audible system that (i) warns the operator when 98% of the appliance’s SWL has been reached, (ii) does not create an operational hazard, and (iii) in the case of the audible signal, is identifiable by the operator despite ambient and machinery noise. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 7 Load Moment Indicator Systems 2 A load moment indicator system that is installed on a category 4 lifting appliance on a Canadian vessel that is not a restricted vessel shall (a) give a clear and precise indication of the angles of heel and trim and of the reduced lifting capacity for those angles; (b) be clearly visible so that an operator seated at the control position can easily read the indication during both day and night conditions; (c) have an automatic emergency braking system that prevents freefall of the load without jolting in the event of overload; and (d) have a manual control to bypass the automatic emergency braking system that is accessible to an operator seated at the control position and is protected against accidental operation. Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations SCHEDULE 8 SCHEDULE 8 (Subsection 349(1)) Thread Diameter of Sheaves Column 1 Column 2 Column 3 Item Lifting Appliance Running Rope Fixed Span Rope Derrick 14 d 10 d Vehicle ramp 300 dw Crane 19 d 10 d Derrick crane 19 d 10 d Elevator 19 d 10 d Other lifting appliance 400 dw d = diameter of the rope dw = diameter of the largest component wire in the rope Current to June 20, 2022 Last amended on October 31, 2021 Cargo, Fumigation and Tackle Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2021-60, s. 11 11 (1) Any document that was issued by the Minister of Transport to a shipper following an initial verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(a) of the Cargo, Fumigation and Tackle Regulations. (2) Any document that was issued by the Minister of Transport to a shipper following a verification of modifications to the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(a) of the Cargo, Fumigation and Tackle Regulations. (3) Any document that was endorsed by the Minister of Transport following an intermediate verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval endorsed under paragraph 115.1(4)(b) of the Cargo, Fumigation and Tackle Regulations. (4) Any document that was issued by the Minister of Transport to a shipper following a renewal verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(c) of the Cargo, Fumigation and Tackle Regulations. Current to June 20, 2022 Last amended on October 31, 2021

CONSOLIDATION Crown Liability and Proceedings (Provincial Court) Regulations SOR/91-604 Current to June 20, 2022 Last amended on November 23, 2018 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. The last amendments came into force on November 23, 2018. 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 Last amended on November 23, 2018 TABLE OF PROVISIONS Regulations Prescribing the Rules of Practice and Procedure in Respect of Proceedings Taken in Provincial Courts under Part II of the Crown Liability and Proceedings Act Short Title Interpretation Application Service of Documents Filing of Defence or Reply and Counterclaim Judgment or Order Examination for Discovery File List of Documents Confession of Judgment General Current to June 20, 2022 Last amended on November 23, 2018 ii Registration SOR/91-604 October 24, 1991 CROWN LIABILITY AND PROCEEDINGS ACT Crown Liability and Proceedings (Provincial Court) Regulations P.C. 1991-2030 October 24, 1991 His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 34* of the Crown Liability and Proceedings Act**, is pleased hereby to revoke the Crown Liability (Provincial Court) Regulations, C.R.C., c. 447, and to make the annexed Regulations prescribing the rules of practice and procedure in respect of proceedings taken in provincial courts under Part II of the Crown Liability and Proceedings Act, in substitution therefor, effective on the day on which An Act to amend the Federal Court Act, the Crown Liability Act, the Supreme Court Act and other Acts in consequence thereof, being chapter 8 of the Statutes of Canada, 1990, comes into force. * S.C. 1990, c. 8, s. 32 ** S.C. 1990, c. 8, s. 21 Current to June 20, 2022 Last amended on November 23, 2018 Regulations Prescribing the Rules of Practice and Procedure in Respect of Proceedings Taken in Provincial Courts under Part II of the Crown Liability and Proceedings Act Short Title 1 These Regulations may be cited as the Crown Liability and Proceedings (Provincial Court) Regulations. Interpretation 2 In these Regulations, Act means the Crown Liability and Proceedings Act; (Loi) Attorney General means the Attorney General of Canada; (procureur général) court means the court having jurisdiction under Part II of the Act to hear and determine the claim in respect of which the proceedings have been taken; (tribunal) Deputy Attorney General means the Deputy Attorney General of Canada; (sous-procureur général) plaintiff includes a party claiming against the Crown in third party proceedings; (demandeur) provincial rules means the rules of practice and procedure of the court. (règles provinciales) 2.1 For the purposes of sections 8 and 10, person means a natural person of full age and capacity other than Her Majesty in right of Canada or a province. SOR/2018-255, s. 1. Application 3 These Regulations apply to proceedings taken in a provincial court (a) under Part II of the Act; and Current to June 20, 2022 Last amended on November 23, 2018 Crown Liability and Proceedings (Provincial Court) Regulations Application Sections 3-4 (b) against an agency of the Crown to which section 35 of the Act applies. Service of Documents 4 (1) Subject to subsections (2), (5) and (7), service of a document originating any proceedings shall be made on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa. (2) A document referred to in subsection (1) has been validly served where (a) it has been served on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa; (b) it has been served on the Director of the appropriate Regional Office of the Department of Justice, namely, (i) in respect of proceedings in the Province of British Columbia, the Vancouver Regional Office, (ii) in respect of proceedings in the Province of Alberta, the Edmonton Regional Office, (iii) in respect of proceedings in the Province of Saskatchewan, the Saskatoon Regional Office, (iv) in respect of proceedings in the Province of Manitoba, the Winnipeg Regional Office, (v) in respect of proceedings in the Province of Ontario, the Toronto Regional Office, (vi) in respect of proceedings in the Province of Quebec, the Montreal Regional Office, (vii) in respect of proceedings in the Province of Nova Scotia, of New Brunswick, of Prince Edward Island or of Newfoundland, the Halifax Regional Office, (viii) in respect of proceedings in the Yukon Territory, the Whitehorse Regional Office, and (ix) in respect of proceedings in the Northwest Territories, the Yellowknife Regional Office; or (c) it has been served on and accepted by an agent or mandatary duly authorized to act for the Attorney General in the particular proceeding. (3) Where service of a document is made in respect of proceedings in the Province of New Brunswick, Prince Edward Island or Newfoundland, service shall be deemed Current to June 20, 2022 Last amended on November 23, 2018 Crown Liability and Proceedings (Provincial Court) Regulations Service of Documents Sections 4-6 to have been made within the province within which the proceedings are taken. (4) The address for service on the Crown of any document other than a document originating proceedings shall be the address designated therefor by or on behalf of the Deputy Attorney General. (5) Service of a document originating any proceedings may be effected in the manner provided by section 23 of the Act, without special order, even though proceedings are being, or have been, taken in a court outside Ontario. (6) Where a document may be served by mail under provincial rules, service shall (a) be by registered or certified mail; and (b) be effective on the tenth day after the document is mailed. (7) Service of a document originating any proceedings on the chief executive officer of an agency of the Crown may be made in the manner provided by this section. SOR/2018-255, s. 2(E). Filing of Defence or Reply and Counterclaim 5 (1) The Attorney General may file a defence or other reply to a document originating proceedings, including a counterclaim, if any, within (a) 30 days after the service of the document of originating process, or (b) the time provided by or under the provincial rules, whichever is greater, or within such further time as may be allowed by the court. (2) Where a proceeding is instituted in the Province of Quebec, the Attorney General may urge any preliminary exception in the manner provided by articles 160, 161 and 162 of the Code of Civil Procedure of the Province of Quebec, except that, for the purpose of this subsection, articles 160, 161 and 162 shall be read as though the period of 5 days provided for therein were 30 days. Judgment or Order 6 (1) Where there is a judgment or an order of a court against the Crown for the payment of money, the court, Current to June 20, 2022 Last amended on November 23, 2018 Crown Liability and Proceedings (Provincial Court) Regulations Judgment or Order Sections 6-7 or the registrar, clerk or protonotary thereof, or a deputy of the registrar, clerk or protonotary, shall, unless the judgment or order has been quashed on appeal, at the request of the party in whose favour the judgment or order was made, after the judgment or order has been formally made a judgment or order of the court, certify to the Minister of Finance the tenor and purport of the judgment or order (a) forthwith, if no appeal is allowed by law from the judgment or order; (b) on the expiration of the time allowed by law for an appeal from the judgment or order, if no appeal has then been instituted and no application has been made for an extension of time for appeal; (c) on the final disposition of the claim, if there has been an appeal from the judgment or order; (d) on the dismissal of an application for an extension of time for appeal from the judgment or order or on the expiration of time granted on such an application without an appeal having then been instituted; or (e) at such earlier time as the Attorney General files notice that the Attorney General does not intend to appeal. (2) A certificate of judgment shall be transmitted to, or left at, the office of the Deputy Attorney General in Ottawa or the appropriate Regional Office of the Department of Justice referred to in paragraph 4(2)(b) by the party in whose favour the judgment or order was made. (3) For the purposes of this section, a certified copy of a judgment, or a certified copy of a judgment read with a certified copy of a taxed bill of costs, shall be accepted as a certificate of judgment. Examination for Discovery 7 Subject to sections 37 to 39 of the Canada Evidence Act, where, under the provincial rules, there is provision under which, if an action were an action between a corporation (other than an agency of the Crown) and another person, an officer or servant of the corporation could be examined for discovery, such officer or servant of the Crown or an agency of the Crown, as the case may be, as may be designated for the purpose by the Deputy Attorney General or after such designation by order of the court, may be examined for discovery during an action subject to the same conditions and with the same effect Current to June 20, 2022 Last amended on November 23, 2018 Crown Liability and Proceedings (Provincial Court) Regulations Examination for Discovery Sections 7-9 as would apply to the examination for discovery of the officer or servant of a corporation. File List of Documents 8 (1) Subject to sections 37 to 39 of the Canada Evidence Act, where the Attorney General or an agency of the Crown would, if the Crown were a person, be required under the provincial rules to file or serve a list or an affidavit of documents, the Deputy Attorney General must, subject to the same conditions as apply between subject and subject, file or serve a list of the documents relating to the matter of which the Crown has knowledge within 60 days after the event that under the provincial rules gives rise to the obligation to file or serve the list or affidavit, or within any additional time that may be allowed by the court. (2) Where, under provincial rules, a party would be entitled to obtain production for inspection of any document or a copy of any document as against or from the Crown, if the Crown were a person, the production for inspection or copy may be had, subject to sections 37 to 39 of the Canada Evidence Act, under order of the court after consideration has been given to any objection that would be available to the Crown if the Crown were a person. SOR/2018-255, s. 3. Confession of Judgment 9 (1) The Attorney General may, at any stage of the proceedings, file in the court a confession of judgment either for a part or the whole of the claim against the Crown. (2) The plaintiff may, at any time within 30 days after the plaintiff has received notice of a confession filed under subsection (1), file, and serve on the Deputy Attorney General, a notice in writing of the plaintiff’s acceptance or refusal of such confession of judgment and, in the event of acceptance, the court or a judge may order that judgment be entered accordingly, with such provision as to costs as the court or the judge deems just in the circumstances. (3) If the plaintiff has given notice within the time referred to in subsection (2) to the Deputy Attorney General of the plaintiff’s refusal of a confession of judgment, or if the plaintiff has not given any notice under subsection (2) within the period of time referred to therein, the matter shall be determined in the ordinary manner. Current to June 20, 2022 Last amended on November 23, 2018 Crown Liability and Proceedings (Provincial Court) Regulations Confession of Judgment Sections 9-12 (4) If, on the final disposition of an action in which a confession of judgment has been made and has not been accepted, the plaintiff does not recover a larger sum than the one offered by the confession of judgment, the Crown, whatever the result of the action, shall be entitled to costs incurred after the date of filing of the confession. (5) No confession of judgment filed under this section shall be accepted as evidence against the Crown, either in the action in which it was filed or in any other action or suit. (6) No provision in any provincial rules relating to confessions of judgment has any application in proceedings under Part II of the Act. General 10 Where, by or under the provincial rules, the Attorney General or an agency of the Crown would, if the Crown were a person, be required or permitted to do anything in relation to any matter not expressly dealt with in these Regulations, within a certain period of time, a period of 14 days is to be added to the time otherwise allowed for doing that thing. SOR/2018-255, s. 4. 11 No order for security for costs may be made against the Crown. 12 Rules of the court relating to taxation of costs between solicitor and client have no application as between the Attorney General and the agents or mandataries of the Attorney General. SOR/2018-255, s. 5(E). Current to June 20, 2022 Last amended on November 23, 2018

CONSOLIDATION Canada Communication Group Divestiture Regulations SOR/97-127 Current to June 20, 2022 Last amended on June 23, 2016 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. The last amendments came into force on June 23, 2016. 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 Last amended on June 23, 2016 TABLE OF PROVISIONS Canada Communication Group Divestiture Regulations 1 Interpretation Application Applicable Provisions Surviving Spouse and Children Adaptation of Subsection 10(5) of the Act Adaptation of Sections 12 and 13 of the Act Coming into Force Current to June 20, 2022 Last amended on June 23, 2016 ii Registration SOR/97-127 February 24, 1997 PUBLIC SERVICE SUPERANNUATION ACT FINANCIAL ADMINISTRATION ACT Canada Communication Regulations T.B. 825053 Group Divestiture February 20, 1997 The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Canada Communication Group Divestiture Regulations. a S.C. 1992, c. 46, s. 22 Current to June 20, 2022 Last amended on June 23, 2016 Canada Communication Group Divestiture Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Public Service Superannuation Act. (Loi) new employer means Canada Communication Group Inc., the wholly-owned subsidiary of St. Joseph Corporation that will carry on the business of the Canada Communication Group in accordance with the sales agreement. (nouvel employeur) sales agreement means the agreement of purchase and sale relating to the transfer of the Canada Communication Group, a part of the Department of Public Works and Government Services, made between Her Majesty the Queen in right of Canada represented by the Minister of Public Works and Government Services and St. Joseph Corporation on December 13, 1996. (convention de vente) St. Joseph Corporation means the corporation established under the laws of Ontario that is referred to as the purchaser in the sales agreement. (St. Joseph Corporation) transfer date means the date on which a person who is an employee within the meaning of the sales agreement, having accepted an offer of employment from St. Joseph Corporation, ceases to be employed in the public service. (date de cession) SOR/97-556, s. 1; SOR/2016-203, s. 52(E). Application 2 (1) Subject to subsection (2), these Regulations apply to a person who, having received and accepted an offer of employment from St. Joseph Corporation pursuant to the sales agreement, on the transfer date ceases to be employed in the public service and becomes employed by the new employer. (2) These Regulations do not apply to a person who subsequently becomes re-employed by the new employer. SOR/2016-203, s. 52(E). Current to June 20, 2022 Last amended on June 23, 2016 Canada Communication Group Divestiture Regulations Applicable Provisions Sections 3-6 Applicable Provisions 3 (1) Sections 12, 13 and 13.01 of the Act only apply to a person on and after the date on which that person ceases to be employed by the new employer. (2) Despite subsection (1), where on the transfer date a person, on ceasing to be employed in the public service, would have been eligible, were it not for these Regulations, to exercise an option under section 12, paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option (a) in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and (b) in the cases referred to in sections 12 and 13.01 of the Act, no later than December 1, 1998. (3) A person who has exercised an option under subsection (2) is deemed not to have become employed by the new employer for the purposes of these Regulations and of sections 83 to 99 of the Public Service Superannuation Regulations and is not entitled to exercise an option pursuant to subsection (1) when the person ceases to be employed by the new employer. SOR/97-556, s. 2; SOR/2016-203, s. 52(E). Surviving Spouse and Children 4 For the purposes of subsection 12(8) of the Act, the surviving spouse and children of a person who dies while employed by the new employer are entitled to a death benefit equal to a return of contributions. 5 For the purposes of subsection 13(3) of the Act, the surviving spouse and children of a person who dies while employed by the new employer are entitled to an allowance as described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act. 6 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which that person ceases to be employed by the new employer is entitled to an allowance under Part I of the Act. SOR/2016-203, s. 52(E). Current to June 20, 2022 Last amended on June 23, 2016 Canada Communication Group Divestiture Regulations Adaptation of Subsection 10(5) of the Act Sections 7-10 Adaptation of Subsection 10(5) of the Act 7 For the purposes of subsection 10(5) of the Act, the one year period referred to in paragraph 10(5)(a) of the Act shall begin on the date on which the person ceases to be employed by the new employer. Adaptation of Sections 12 and 13 of the Act 8 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with the new employer that begins on the transfer date and that ends on the date on which the person ceases to be employed by the new employer. 9 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by the new employer. SOR/2016-203, s. 52(E). 9.1 A contributor to whom these Regulations apply is considered to be a Group 1 contributor. SOR/2016-203, s. 51. Coming into Force 10 These Regulations come into force on March 7, 1997. Current to June 20, 2022 Last amended on June 23, 2016

CONSOLIDATION Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River Population Order SOR/2016-85 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 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River Population Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2016-85 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River Population Order Whereas the White Sturgeon (Acipenser transmontanus) Upper Columbia River population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River Population Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the White Sturgeon (Acipenser transmontanus) Upper Columbia River population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Critical Habitat of the Speckled Dace (Rhinichthys osculus) Order SOR/2018-218 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 Critical Habitat of the Speckled Dace (Rhinichthys osculus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-218 October 25, 2018 SPECIES AT RISK ACT Critical Habitat of the Speckled Dace (Rhinichthys osculus) Order Whereas the Speckled Dace (Rhinichthys osculus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Speckled Dace (Rhinichthys osculus) Order. Ottawa, October 24, 2018 Jonathan Wilkinson Minister of Fisheries and Oceans a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Speckled (Rhinichthys osculus) Order Dace Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Speckled Dace (Rhinichthys osculus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Coastal Fisheries Protection Regulations C.R.C., c. 413 Current to June 20, 2022 Last amended on June 17, 2021 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. The last amendments came into force on June 17, 2021. 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 Last amended on June 17, 2021 TABLE OF PROVISIONS Coastal Fisheries Protection Regulations 2 Interpretation Prescribed Response Period Fisheries Management Organization Licences 5.1 Order Made by Flag State Application for Licence Terms and Conditions of a Licence or Permit Requirements of the Masters of Foreign Fishing Vessels Authorization for Canadian Fishing Vessels to Land Fish Received from Foreign Vessels 13.01 Importation 13.1 Suspension or Cancellation of Licences and Permits Authorized Entry Signals 19.3 Use of Force Current to June 20, 2022 Last amended on June 17, 2021 ii Coastal Fisheries Protection Regulations TABLE OF PROVISIONS Return of Prohibited Species Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area States Party to the Fish Stocks Agreement Implementation of the Fish Stocks Agreement Northwest Atlantic Fisheries Organization Western and Central Pacific Fisheries Commission North Pacific Fisheries Commission International Commission for the Conservation of Atlantic Tunas Enforcement Action in Respect of Canadian Fishing Vessels Implementation of the CASPO Convention 46.1 Implementation of the NAFO Measures 46.2 Implementation of the WCPFC Measures 46.3 Implementation of the NPFC Measures Recovery of Costs Serving or Giving of Documents Current to June 20, 2022 Last amended on June 17, 2021 iv Coastal Fisheries Protection Regulations TABLE OF PROVISIONS SCHEDULE I Licence Fees for Foreign Fishing Vessels SCHEDULE 2 Areas SCHEDULE III SCHEDULE IV Current to June 20, 2022 Last amended on June 17, 2021 v CHAPTER 413 COASTAL FISHERIES PROTECTION ACT Coastal Fisheries Protection Regulations Coastal Fisheries Protection Regulations 1 [Repealed, SOR/2017-58, s. 42] Interpretation [SOR/2014-149, s. 1(F)] 2 In these Regulations, Act means the Coastal Fisheries Protection Act; (Loi) applicant means a person signing an application for a licence pursuant to section 6; (requérant) CASPO Convention means the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean; (convention CPAPN) crew means, in relation to a foreign fishing vessel, any person on board that vessel other than a protection officer, observer or other representative of the Government of Canada on board the vessel in the course of his duties; (membre de l’équipage) Division 3L means Division 3L as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3L) Division 3M means Division 3M as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3M) Division 3N means Division 3N as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3N) Division 3NO means Division 3NO as described in section 3 of note B of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3NO) Division 3O means Division 3O as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3O) Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Interpretation Section 2 Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 means the area of the sea described as Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 in the Fishing Zones of Canada (Zones 4 and 5) Order and the Fishing Zones of Canada (Zone 6) Order; (Zone de pêche 4, Zone de pêche 5, Zone de pêche 6) flag state of a foreign fishing vessel means the state in which the vessel is registered or, where the vessel is not registered, the state whose flag the vessel is entitled to fly; (État du pavillon) International Code of Signals means the International Code of Signals published by the Department of Transport; (Code international de signaux) licence means a licence issued pursuant to section 5; (licence) master includes every person having command or charge of a fishing vessel but does not include a pilot; (capitaine) NAFO means the Northwest Atlantic Fisheries Organization; (OPAN) NAFO Convention means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries; (Convention de l’OPAN) NAFO Measures means the Conservation and Enforcement Measures adopted by NAFO; (mesures de l’OPAN) NPFC means the North Pacific Fisheries Commission established in accordance with the NPF Convention; (CPPN) NPF Convention means the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean; (Convention PPN) NPFC Convention Area means the area described in Part 1 of Schedule 2; (zone de la Convention de la CPPN) NPFC Measures means the Active Conservation and Management Measures adopted by the NPFC; (mesures de la CPPN) observer means a person who is designated as an observer by a Regional Director-General and is in possession of an identification card indicating that designation; (observateur) permit [Repealed, SOR/85-527, s. 1] Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Interpretation Section 2 pilot ladder means a pilot ladder as described in the Pilot Ladder Regulations; (échelle de pilote) processing includes cleaning, filleting, tubing, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying, or preparing fish for market in any other manner; (traitement) Regional Director-General means the Director-General of the Department of Fisheries and Oceans for the Pacific, Quebec, Gulf, Scotia-Fundy or Newfoundland Region, as may be appropriate; (Directeur général régional) round weight means with respect to fish, the weight of whole unprocessed fish as it is taken from the water; (poids entier) Signal L means the signal prescribed in the International Code of Signals to mean “You should stop your vessel instantly.”; (signal L) Signal SQ 1 means the signal prescribed in the International Code of Signals to mean “You should stop or heave to, otherwise I shall open fire on you.”; (signal SQ 1) Signal SQ 3 means the signal prescribed in the International Code of Signals to mean “You should stop, or heave to; I am going to board you”.; (signal SQ 3) sport fishing means fishing for pleasure and not for sale or barter; (pêche sportive) Subarea has the same meaning as the Atlantic Fishery Regulations; (sous-zone) WCPFC means the Western and Central Pacific Fisheries Commission established in accordance with the WCPF Convention; (CPPOC) WCPF Convention means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; (Convention PPOC) WCPFC Measures means the Conservation and Management Measures adopted by the WCPFC; (mesures de la CPPOC) WCPFC Regulatory Area means the area described in Part 2 of Schedule 2. (zone de réglementation de la CPPOC) SOR/79-713, s. 1; SOR/81-729, s. 1; SOR/83-264, s. 1; SOR/85-527, s. 1; SOR/86-939, s. 1(E); SOR/94-362, ss. 1, 4(F), 7(F); SOR/99-313, s. 1; SOR/2004-110, s. 1; SOR/2014-149, s. 2; SOR/2021-141, s. 1. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Interpretation Sections 2-5 Prescribed Response Period 3 For the purposes of subsections 7.6(4), 9(3), 16.01(2) and 16.2(3) of the Act, the prescribed period is three working days. SOR/99-313, s. 2; SOR/2019-218, s. 1. Fisheries Management Organization 4 The following fisheries management organizations are prescribed for the purpose of paragraphs 5.6(1)(b) and (2)(b) of the Act: (a) the Indian Ocean Tuna Commission; (b) the Commission for the Conservation of Southern Bluefin Tuna; (c) the General Mediterranean; Fisheries Commission for the (d) the North-East Atlantic Fisheries Commission; (e) the South Pacific Regional Fisheries Management Organization; (f) the South East Atlantic Fisheries Organization; and (g) the Southern Indian Ocean Fisheries Agreement. SOR/2019-218, s. 2. Licences 5 (1) The Minister may, on receipt of an application for a licence, issue a licence authorizing (a) a foreign fishing vessel and its crew to enter Canadian fisheries waters for any of the following purposes: (i) to engage in commercial fishing, (ii) to tranship or take on board any fish, outfit or supplies while at sea, (iii) to process fish at sea, (iv) to transport fish from fishing grounds, Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Licences Section 5 (v) to provision, service, repair or maintain any other foreign fishing vessel while at sea, (vi) to purchase or obtain bait, outfits or supplies at a Canadian port, (vii) to effect repairs at a Canadian port, (viii) to purchase, load, unload, transship, sell or process fish or fish products at a Canadian port, (ix) to unload, land, re-embark or tranship at a Canadian port any equipment of that vessel or of any other fishing vessel of the same flag state, (x) to grant shore leave to the crew of that vessel at a Canadian port, and (xi) to discharge or take on board at a Canadian port a member of the crew of that vessel or of any other fishing vessel of the same flag state; (b) a foreign fishing vessel and its crew to pass through any of the following Canadian fisheries waters during the course of a voyage to a destination outside Canadian fisheries waters, namely, (i) the waters between Vancouver Island and the mainland of British Columbia bounded on the south by the 49th parallel of latitude and bounded on the north by a straight line from Cape Sutil on the northern end of Vancouver Island to Cape Caution on the mainland of British Columbia, (ii) Fitz Hugh Sound bounded on the south by a straight line from Cape Calvert on Calvert Island to Cape Caution on the mainland of British Columbia and bounded on the north by a straight line from Carpenter Point on Hunter Island to Bernhardt Point on King Island, (iii) Finlayson Channel bounded on the south by a straight line from Jorkins Point on Swindle Island to Keith Point on Dowager Island and bounded on the north by a straight line from Ohio Rock off Sarah Island to Finlayson Head on the mainland of British Columbia, (iv) Laredo Channel bounded on the south by a straight line from Tildesley Point on Aristazabal Island to Dallain Point on Princess Royal Island and bounded on the north by a straight line from Ulric Point on Aristazabal Island to McPhee Point on Princess Royal Island, (v) Princess Royal Channel bounded on the south by a straight line from Quarry Point on Princess Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Licences Section 5 Royal Island to Netherby Point on the mainland of British Columbia and bounded on the north by a straight line from Nelly Point on Princess Royal Island to Point Cumming on Gribbell Island, (vi) Principe Channel bounded on the south by a straight line from Deer Point on Banks Island to Ring Point on Pitt Island and bounded on the north by a straight line true west from Keswar Point on McCauley Island to the shore of Banks Island, and (vii) Grenville Channel bounded on the south by a straight line from Yolk Point on Farrant Island to Sainty Point on the mainland of British Columbia and bounded on the north by a straight line from Rippon Point on Pitt Island to Buckley Point on the mainland of British Columbia; and (c) a foreign fishing vessel and its crew to enter Canadian fisheries waters to engage in fishing for purposes of scientific research or any activity described in any of subparagraphs (a)(ii) to (xi) or subsection (1.1) that relates to the scientific research. (1.1) The Minister may, on receipt of an application for a licence, issue a licence authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for any of the following purposes: (a) to provide supplies to a Canadian fishing vessel or a foreign fishing vessel while it is at sea; and (b) for the purpose described in paragraph (a), to purchase supplies at a Canadian port. (1.11) The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) unless the Minister determines that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state and, if the licence relates to a specific fishery, that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state with respect to that fishery. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Licences Section 5 (1.12) The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) if there are reasonable grounds to believe that (a) the vessel is not licensed or otherwise authorized by its flag state to engage in fisheries activities; (b) the vessel is not in compliance with relevant conservation and management measures; (c) the vessel is providing supplies to a foreign fishing vessel that is not in compliance with relevant conservation and management measures; (d) the proposed activity is not compatible with or will undermine relevant conservation and management measures; or (e) the proposed activity is not consistent with the sustainable use of fisheries resources or will contribute to excess harvesting or processing capacity. (1.2) The Minister shall, on receipt of an application for a licence and in accordance with the Procès-Verbal applying the March 27, 1972 Agreement between Canada and France on their Mutual Fishing Relations, signed on December 2, 1994, issue a licence authorizing a French fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Procès-Verbal. (1.3) The Minister shall, on receipt of an application for a licence and in accordance with the Treaty between the Government of Canada and the Government of the United States of America on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed on May 26, 1981, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Treaty. (1.4) The Minister shall, on receipt of an application for a licence and in accordance with the Convention between Canada and the United States of America for the Extension of Port Privileges to Halibut Fishing Vessels on the Pacific Coasts of the United States of America and Canada, signed on March 24, 1950, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Convention. (1.5) The Minister may refuse to issue a licence referred to in any of subsections (1.2) to (1.4) if he or she determines that one of the circumstances set out in paragraphs (1.12)(a) to (e) applies and that the flag state has taken insufficient measures to remedy the situation. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Licences Sections 5-6 (1.6) [Repealed, SOR/99-474, s. 1] (2) The fees payable for a licence issued pursuant to this section are as set out in Schedule I. (3) The licence fees for foreign fishing vessels shall be paid within 45 days from the date of billing. (4) The Minister may, at the request of the master of a foreign fishing vessel that is in Canadian fisheries waters in the circumstances referred to in section 14 or 15, issue a licence authorizing that vessel and its crew to engage in all or any of the activities described in subparagraphs (1)(a)(vi) to (xi) and paragraph (1)(b). SOR/78-447, s. 1; SOR/78-795, s. 1; SOR/79-138, s. 1; SOR/79-713, s. 4; SOR/80-186, s. 1; SOR/85-527, s. 3; SOR/86-939, s. 2; SOR/94-362, ss. 4(F), 5(F); SOR/94-444, s. 1; SOR/ 95-261, s. 1; SOR/95-356, s. 1; SOR/96-309, s. 1; SOR/98-410, s. 1; SOR/99-474, s. 1; SOR/2000-36, s. 1; SOR/2001-204, s. 1; SOR/2003-391, s. 1; SOR/2014-149, s. 3; SOR/ 2019-218, s. 3. Order Made by Flag State 5.1 (1) The Minister may, further to an order made by the flag state, issue a permit authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for the purpose of verifying compliance with a law, measure or treaty referred to in subparagraph 6(a)(iii) of the Act. (2) If the Minister issues a permit under subsection (1), he or she must advise both the flag state and the foreign fishing vessel and inform them of the permit’s conditions. SOR/2019-218, s. 4. Application for Licence 6 (1) Subject to subsection (3), the representative of the flag state of a foreign fishing vessel mentioned in paragraph 7(f) may apply for a licence referred to in section 5 in respect of that vessel and its crew by filing an application, signed by the representative, at the regional headquarters of the Department of Fisheries and Oceans responsible for issuing such licences for that flag state. (2) An application referred to in subsection (1) shall be filed not less than 30 days prior to the first day on which the licence is required except that the Minister may, in order to prevent hardship, accept an application at any time. (3) Where an application for a licence is in respect of a foreign fishing vessel that is under a charter to (a) an individual resident and domiciled in Canada, Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Application for Licence Sections 6-7.1 (b) a corporation incorporated under the laws of Canada or a province, or (c) Her Majesty in right of Canada or a province, the application shall be signed by the charterer who shall, in respect of that vessel, be regarded as the representative designated pursuant to paragraph 7(f). SOR/80-186, s. 2; SOR/85-527, s. 4; SOR/94-362, s. 4(F). 7 The following information shall be furnished and forwarded with an application referred to in subsection 6(1) in respect of a foreign fishing vessel: (a) the name and description of the vessel, its equipment and complement; (b) the flag state and home port of the vessel; (c) the name of the owner and master of the vessel and, where applicable, its charterer; (d) the side number of the vessel, its radio frequencies and call sign; (e) a description of the proposed purpose and the period for which the licence is required; (f) the name and address of a person resident in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for the purpose of providing liaison with the appropriate officials of the Government of Canada; (f.1) in the case of an application for a licence referred to in paragraph 5(1)(a) or subsection 5(1.1), any information or document that is relevant to the matters referred to in paragraphs 5(1.12)(a) to (e); (f.2) any information that is required by Annex A to the Port State Measures Agreement; and (g) any information the Minister considers necessary to clarify or complete the information furnished by the applicant. SOR/80-186, s. 3; SOR/85-527, s. 5; SOR/94-362, s. 4(F); SOR/98-410, s. 2; SOR/99-474, s. 2; SOR/2003-391, s. 2; SOR/2019-218, s. 5. 7.1 (1) An application for a licence may be made on behalf of pair trawlers and shall contain the information required by section 7 in respect of both vessels. (2) Where a licence is issued in respect of pair trawlers, it shall be issued in respect of the vessel designated in the application as the command vessel and shall be carried on board that vessel. SOR/79-713, s. 5; SOR/94-362, s. 4(F). Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Application for Licence Sections 8-9 8 (1) Every licence shall (a) apply only to the foreign fishing vessel described therein and where applicable to the crew of that vessel; (b) be valid only for the period specified therein; and (c) cease to be valid on any change in the flag state registry or ownership of the vessel described in the licence. (2) [Repealed, SOR/85-527, s. 6] (3) The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative. (4) An application referred to in subsection (3) shall be filed not less than 14 days prior to the first day on which the amendment is required except that the Minister may, in order to prevent hardship, accept an application at any time. (5) An amendment referred to in subsection (3) is not binding on the master of the vessel to which the licence applies until it is received by the representative in Canada designated pursuant to paragraph 7(f). (6) The fees payable for amendment of a licence issued pursuant to subsection (3) are set out in Schedule I. SOR/79-713, s. 6; SOR/80-186, s. 4; SOR/85-527, s. 6; SOR/94-362, s. 4(F); SOR/2017-58, s. 43. 9 (1) Subject to subsection (2), every licence shall be kept on board the foreign fishing vessel described in the licence while that vessel is in Canadian fisheries waters and shall be produced for examination by a protection officer at his request. (2) Where a licence has been issued but not delivered, a Regional Director-General shall authorize the foreign fishing vessel described in the licence to enter Canadian fisheries waters and proceed directly to the Canadian port designated by him for the purpose of obtaining the licence if (a) all fishing gear on board the vessel is stowed below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing; and (b) the master of the vessel complies with any direction given to him by a protection officer. SOR/85-527, s. 7; SOR/86-939, s. 3; SOR/94-362, ss. 4(F), 5(F), 7(F). Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Application for Licence Sections 10-11 10 [Repealed, SOR/79-713, s. 7] Terms and Conditions of a Licence or Permit [SOR/2019-218, s. 6] 11 (1) Every licence or permit in respect of a foreign fishing vessel is subject to the following terms and conditions: (a) [Repealed, SOR/85-527, s. 8] (b) the vessel and its crew shall engage only in the activities that are authorized by the licence or permit; (c) the activities authorized by the licence or permit shall be carried out only at the times and in the areas of Canadian fisheries waters or ports specified in the licence or permit; (d) where fishing is authorized by the licence (i) the crew of the vessel shall fish only for a species of fish specified in the licence, (ii) the crew of the vessel shall not catch and retain any fish of a species, size or age specified in the licence as prohibited catch and any prohibited catch shall be returned to the water, alive if possible, (iii) and (iv) [Repealed, SOR/79-713, s. 8] (v) the crew of the vessel shall fish only by means of fishing equipment and gear of a type specified in the licence, and (vi) if a quantity of gear and equipment is specified in the licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds that specified quantity; (e) where the transporting of fish from fishing grounds is authorized by the licence (i) only the species and quantities of fish specified in the licence shall be taken on board the vessel for that purpose, (ii) the fish may be taken on board only from vessels of a class specified in the licence, and (iii) the master of the vessel shall cause written records to be maintained on a daily basis of the fish taken on board the vessel for transportation; (f) and (g) [Repealed, SOR/85-527, s. 8] Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Terms and Conditions of a Licence or Permit Sections 11-12 (h) the vessel shall have on board at all times during the period it is in Canadian fisheries waters equipment and gear, including communications equipment, described in the licence or permit as “required equipment”; (i) [Repealed, SOR/85-527, s. 8] (j) [Repealed, SOR/82-289, s. 1] (k) and (l) [Repealed, SOR/85-527, s. 8] (m) where the Minister requests the flag state of the vessel to carry out, from time to time, a program of sampling, observation or research in connection with fisheries in Canadian fisheries waters, the master shall comply with instructions issued to him by the authorized officials of that flag state in respect of that program; (n) to (t) [Repealed, SOR/85-527, s. 8] (u) the master or crew of the vessel shall not carry out any activity in any area of Canadian fisheries waters that is contrary to the Fisheries Act or regulations made under that Act. (2) The master of a foreign vessel in respect of which a licence or permit has been issued shall not contravene or fail to comply with any condition of that licence or permit. SOR/79-713, s. 8; SOR/82-289, s. 1; SOR/85-527, s. 8; SOR/94-362, ss. 4(F), 5(F); SOR/ 2017-58, s. 44; SOR/2019-218, s. 7. 11.1 [Repealed, SOR/85-527, s. 9] Requirements of the Masters of Foreign Fishing Vessels [SOR/94-362, s. 4(F)] 12 (1) The master of a foreign fishing vessel operating under the authority of a licence shall (a) at least 24 hours or such shorter period as may be approved by the Regional Director-General prior to the entry of that vessel into Canadian fisheries waters notify the Regional Director-General designated in the licence of Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Requirements of the Masters of Foreign Fishing Vessels Section 12 (i) the estimated time of entry of the vessel into such waters, (ii) the location of such entry, (iii) the approximate schedule of activities to be conducted while in such waters, and (iv) the quantity in metric tons of fish by species and product form on board the vessel; (b) when authorized by the licence to enter a Canadian port, notify the Regional Director-General of the estimated time of entry into and departure from that port not less than 24 hours prior to those estimated times; (c) where the vessel is in Canadian fisheries waters, notify the Regional Director-General of the estimated time of departure from such waters not less than 72 hours prior to that estimated time or such shorter period as may be approved by the Regional DirectorGeneral; (d) where the vessel is in an area of Canadian fisheries waters and is not authorized by the licence to engage in fishing at that time in that area, ensure that all fishing gear on board the vessel is stored below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing; (e) permit, when requested by the Regional DirectorGeneral, observers to go on board and remain on board the vessel at a time and for a period specified in the request for the purposes of recording scientific data, making observations and taking samples; (f) embark or disembark the observers at a time and place specified in a request made under paragraph (e); (g) take all reasonable precautions to ensure the safety of any protection officer or observer boarding or leaving the vessel at sea including the observance of practices of good seamanship and, where necessary, the placing of a pilot ladder over the side of the vessel; (h) where a protection officer or an observer is on board the vessel and remains on board the vessel for a period of more than four consecutive hours, provide the protection officer or observer with food and accommodation equivalent to that received by officers of the vessel; (i) provide all reasonable assistance in his power to enable a protection officer or an observer on board the vessel to carry out his duties and in particular, but Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Requirements of the Masters of Foreign Fishing Vessels Section 12 without restricting the generality of the foregoing, shall (i) provide him with a suitable work area including a table and sufficient lighting to carry out his work, (ii) provide him with access to the vessel records and logs pertaining to its fishing activities, (iii) provide him, on request, with the position of the vessel in latitude and longitude, (iv) send and receive messages on his behalf by means of the communications equipment on board the vessel, (v) provide him with access to all areas of the vessel involved in the fishing, processing and storage operations, (vi) permit him to take samples and provide him with all reasonable assistance in his doing so, (vii) provide him with suitable storage facilities for his samples, (viii) permit him to examine and measure any fishing gear on board the vessel and provide him with all reasonable assistance in his doing so, (ix) permit him to take photographs of the fisheries operations, including fishing gear and equipment, and (x) permit him to remove from the vessel samples, information, photographs or film taken or made during his time on board the vessel; (j) where supplied with a log book requiring the recording of the fishing activities, catch, production and transfer of fish and fish products in accordance with the instructions contained in that log book (i) fully and accurately complete that log book on a daily basis, and (ii) provide the Regional Director-General with a copy of the information entered in that log book; (k) send the original of the log book required to be completed under paragraph (j) (i) upon request, to a protection officer or a Regional Director-General as soon as the request is made, or (ii) where a request has not been made under subparagraph (i), to the Regional Director-General Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Requirements of the Masters of Foreign Fishing Vessels Section 12 designated in the licence not later than 60 days after the expiration date of the licence; (l) cause reports to be made containing the information specified, at the times specified, to the persons specified and by the means specified in the licence; (m) while in Canadian fisheries waters, at the request of a Regional Director-General or a protection officer proceed forthwith to the place at sea or the port specified in the request for the purpose of inspection; and (n) ensure that the vessel at all times while in Canadian fisheries waters is flying the flag of its flag state. (2) The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and (a) is legible and visible from an aircraft in flight, another vessel or the shore; (b) is in solid block Arabic numerals without ornamentation; (c) is white on a black background or black on a white background; (d) is in alignment and in a horizontal line; and (e) is located on the vessel and in dimensions specified in the table to this subsection. TABLE Column I Column II Item Overall Length of Vessel T Height of Numerals Width of Numerals o and Letters and Letters L Less than 30.48 m 50 cm Current to June 20, 2022 Last amended on June 17, 2021 Column III 15 cm C Coastal Fisheries Protection Regulations Requirements of the Masters of Foreign Fishing Vessels Sections 12-12.1 Column I Column II Column III C Item Overall Length of Vessel T Height of Numerals Width of Numerals o and Letters and Letters L 30.48 m or more 1m 30 cm Space between extremities of numerals and the outer edge of the the number is located is not painted black or white. * TABLEAU Colonne I Colonne II Colonne III Colonn Article Longueur hors tout du bateau de pêche Hauteur des chiffres et des lettres Largeur des chiffres et des lettres Épaiss chiffre Moins de 30,48 m 50 cm 15 cm 5 cm 30,48 m ou plus 30 cm 10 cm 1m Le cadre est l’espace entre l’extrémité des chiffres et le pourtour d teau sur laquelle figure le numéro est peinte en une couleur autre qu * SOR/78-795, s. 2; SOR/81-976, s. 1; SOR/85-527, s. 9; SOR/86-939, s. 4; SOR/89-29, s. 1; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 1(F); SOR/2003-137, s. 1; SOR/2017-58, s. 45. 12.1 (1) Subject to subsection (3), the master of a foreign fishing vessel entering Canadian fisheries waters shall, as soon as is reasonably possible, notify a protection officer or Regional Director-General of the name, flag state, location, route and destination of the vessel and of the circumstances under which it entered Canadian fisheries waters. (2) Subject to subsection (3), the master of a foreign fishing vessel that has entered Canadian fisheries waters shall, while in those waters, (a) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing; and (b) at the request of a protection officer, proceed to a location indicated by the officer for the purpose of carrying out an inspection of the vessel. (3) Subsections (1) and (2) do not apply to a foreign fishing vessel in respect of which a licence has been issued under these Regulations or a United States sport fishing Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Requirements of the Masters of Foreign Fishing Vessels Sections 12.1-13.02 vessel authorized to enter Canadian fisheries waters pursuant to section 16. SOR/96-390, s. 2. Authorization for Canadian Fishing Vessels to Land Fish Received from Foreign Vessels [SOR/94-362, s. 4(F)] 13 The Minister may, at the request of the owner or master of a Canadian fishing vessel, issue a licence authorizing the master to bring into Canadian fisheries waters fish, of a species and quantity specified in the licence, received outside Canadian fisheries waters from a foreign fishing vessel. SOR/85-527, s. 9; SOR/94-362, ss. 4(F), 5(F); SOR/2017-58, s. 46(F). Importation 13.01 For the purposes of sections 13.02 to 13.06, meat means any part of the fish except the head, eyes, roe, guts, bones and tail. SOR/2019-218, s. 8. 13.02 (1) For the purpose of subsection 5.6(3) of the Act, any of the following fish that is subject to measures established by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and that is imported must be accompanied by: (a) in the case of Atlantic bluefin tuna, a catch document or re-export certificate, as the case may be, that complies with the ICCAT Bluefin Tuna Catch Documentation Program that is current at the time that the fish are caught; (b) in the case of Atlantic bigeye tuna, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught; or (c) in the case of Atlantic swordfish meat, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Swordfish Statistical Document Program that is current at the time that the fish are caught. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Importation Sections 13.02-13.1 (2) The documents referred to in paragraph (1)(b) are not required in the case of Atlantic bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada. SOR/2019-218, s. 8. 13.03 For the purpose of subsection 5.6(3) of the Act, any importation of Patagonian toothfish or Antarctic toothfish must be accompanied by a catch document or a re-export certificate, as the case may be, that complies with the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Catch Documentation Scheme for Dissostichus spp. that is current at the time that the fish are caught. SOR/2019-218, s. 8. 13.04 For the purpose of subsection 5.6(3) of the Act, any importation of eastern Pacific bigeye tuna meat must be accompanied by a statistical document or a re-export certificate, as the case may be, that complies with the Inter-American Tropical Tuna Commission (IATTC) Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught. SOR/2019-218, s. 8. 13.05 For the purpose of subsection 5.6(3) of the Act, any importation of southern bluefin tuna meat must be accompanied by a catch monitoring form or a re-export or export after landing of domestic product form, as the case may be, that complies with the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) Catch Documentation Scheme that is current at the time that the fish are caught. SOR/2019-218, s. 8. 13.06 (1) For the purpose of subsection 5.6(3) of the Act, any importation of Indian Ocean bigeye tuna meat must be accompanied by a statistical document or a reexport certificate, as the case may be, that complies with the Indian Ocean Tuna Commission (IOTC) Bigeye Tuna Statistical Document Programme that is current at the time that the fish are caught. (2) The documents referred to in subsection (1) are not required in the case of Indian Ocean bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada. SOR/2019-218, s. 8. Suspension or Cancellation of Licences and Permits 13.1 (1) The Minister may suspend or cancel any licence or permit. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Suspension or Cancellation of Licences and Permits Sections 13.1-17 (2) Where a licence or permit has been suspended or cancelled pursuant to subsection (1), the Minister (a) shall, if requested, furnish reasons for the cancellation or suspension to the consular or the diplomatic authorities of the flag state of the foreign fishing vessel described in the licence or permit or the representative in Canada designated pursuant to paragraph 7(f); (b) shall consider any written representation made with respect to the suspension or cancellation by or on behalf of the owner of the vessel; and (c) may rescind the suspension or cancellation. SOR/79-713, s. 10; SOR/94-362, s. 4(F). Authorized Entry 14 A foreign fishing vessel may, without the authority of a licence, enter Canadian fisheries waters for the purpose of (a) where the vessel is in distress, ensuring the safety of the vessel and its crew; (b) rendering assistance to a vessel described in paragraph (a); or (c) obtaining emergency medical assistance for a member of the crew at a Canadian port. SOR/85-527, s. 10; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 3. 15 A foreign fishing vessel may, without the authority of a licence, enter the territorial sea of Canada or Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 for the purpose of passing through such waters during the course of a voyage to a destination outside Canadian fisheries waters. SOR/79-713, s. 11; SOR/81-193, s. 1; SOR/85-527, s. 11; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 3. 16 Subject to the Fisheries Act and Regulations made thereunder, a United States sport fishing vessel and its crew may, without a licence, enter Canadian fisheries waters for the purpose of sport fishing and while in Canadian fisheries waters carry out the activities described in subparagraphs 5(1)(a)(vi), (vii) and (x). SOR/85-527, s. 12; SOR/94-362, ss. 4(F), 5(F). 17 [Repealed, SOR/94-444, s. 2] Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Signals Sections 18-19.3 Signals 18 For the purposes of the Act and these Regulations, the signal requiring a fishing vessel to bring to is Signal L. SOR/81-76, s. 1; SOR/94-362, s. 2. 18.1 When a protection officer on board an inspection vessel intends to board a fishing vessel of a state party to the Fish Stocks Agreement, the signal to be used by the inspection vessel is Signal SQ 3. SOR/2004-110, s. 2; SOR/2019-218, s. 9. 19 Where a protection officer or an observer on board a government vessel intends to board a fishing vessel at sea, the signal to be used by the government vessel is Signal SQ 3. SOR/94-362, s. 2. 19.1 For the purposes of the Act and these Regulations, the flying by a vessel of a pennant in the shape, size and colours set out in Schedule III identifies that vessel as a government vessel. SOR/80-186, s. 6; SOR/94-362, s. 2. 19.2 The following methods of signalling may be used to send signals to fishing vessels: (a) flag signalling using alphabetical flags; (b) flashing light signalling using Morse symbols; (c) sound signalling using Morse symbols; (d) Morse signalling using hand-flags or arms; (e) voice with or without using loud hailer; (f) radiotelegraphy; and (g) radiotelephony. SOR/94-362, s. 2. Use of Force 19.3 A protection officer may use force under section 8.1 of the Act to arrest the master or other person in command of a foreign fishing vessel for the commission of an offence under section 3, paragraph 4(1)(a), section 5.2 or 5.5 or subparagraph 17(1)(a)(ii) of the Act. SOR/94-362, s. 2; SOR/2014-149, s. 4; SOR/2017-58, s. 47. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Use of Force Sections 19.4-21 19.4 Before using force referred to in section 19.3, a protection officer shall (a) consider all less violent means reasonable in the circumstances to have the foreign fishing vessel bring to, including (i) interrupting the fishing operations of the vessel, including cutting the warps of a trawl net being towed by the vessel, and (ii) boarding the vessel; and (b) be satisfied that the foreign fishing vessel cannot be made to bring to by those means. SOR/94-362, s. 2; SOR/95-136, s. 1. 19.5 A protection officer who has met the requirements of section 19.4 shall, before using force referred to in section 19.3, (a) fire a warning shot or, if the protection officer considers it advisable, a series of warning shots in the vicinity of the foreign fishing vessel but at a safe distance and give the master or other person on board a reasonable opportunity to bring to; and (b) signal the foreign fishing vessel by Signal SQ 1 and give the master or other person on board a reasonable opportunity to bring to. SOR/94-362, s. 2. Return of Prohibited Species 20 The master of a foreign fishing vessel in respect of which a licence has been issued shall, if any fish of a species, size or age specified in the licence as prohibited catch is caught from the vessel, cause that fish to be immediately returned to the water in a manner that causes the least possible harm to that fish. SOR/85-527, s. 14; SOR/94-362, s. 4(F); SOR/2017-58, s. 48. Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area 21 (1) [Repealed, SOR/99-313, s. 3] (2) For the purposes of section 5.2 of the Act, (a) straddling stocks are, Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area Section 21 (i) in Division 3L, Division 3N and Division 3O, the stocks of fish set out in Table I to this section, and (ii) in Division 3M, the stocks of fish set out in Table II to this section; (b) the following classes of foreign fishing vessels are prescribed classes, namely (i) [Repealed, SOR/99-313, s. 3] (ii) foreign fishing vessels that fly the flag of any state set out in Table III to this section, and (iii) foreign fishing vessels that fly the flag of any state set out in Table IV to this section; (c) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(ii), prohibitions against fishing for the straddling stocks set out in Table I or II to this section, against preparing to fish for those straddling stocks and against catching and retaining those straddling stocks are hereby prescribed as conservation and management measures; and (d) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(iii), the measures set out in Table V to this section are prescribed conservation and management measures. TABLE I Straddling Stocks Located in Division 3L, Division 3N or Division 3O PART A Groundfish Column I Column II Item Common Name Scientific Name American angler Lophius americanus American plaice Hippoglossoides platessoides American sand lance Ammodytes americanus Atlantic argentine Argentina silus Atlantic cod Gadus morhua Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area Section 21 Column I Column II Item Common Name Scientific Name Atlantic halibut Hippoglossus hippoglossus Atlantic redfish (Acadian, Sebastes fasciatus, Golden, Deepwater) Sebastes marinus and Sebastes mentella Atlantic wolffish Anarhichas lupus Barndoor skate Raja laevis Greenland halibut Reinhardtius hippoglossoides Haddock Melanogrammus aeglefinus Pollock Pollachius virens Red hake Urophycis chuss Roughhead grenadier Macrourus berglax Roundnose grenadier Coryphaenoides rupestris Silver hake Merluccius bilinearis Spotted wolffish Anarhichas minor Thorny skate Raja radiata White hake Urophycis tenuis Witch flounder Glyptocephalus cynoglossus Yellowtail flounder Limanda ferruginea PART B Fish Other than Groundfish Column I Column II Item Common Name Scientific Name Capelin Mallotus villosus Dogfish Squalus acanthias Greenland cockle Serripes groenlandicus Northern sand lance Ammodytes dubius Northern shrimp Pandalus borealis Sharks Squaliformes Short-finned squid Illex illecebrosus Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area Section 21 TABLE II Straddling Stocks in Division 3M Column I Column II Item Common Name Scientific Name Greenland halibut Reinhardtius hippoglossoides TABLE III States Item States Cayman Islands TABLE IV States Item States 1. and 2. [Repealed, SOR/95-222, s. 1] TABLE V Prescribed Conservation and Management Measures Item Measure Prohibitions against fishing for, or catching and retaining, Greenland halibut in Division 3L, Division 3M, Division 3N or Division 3O during the period commencing on March 3 and terminating on December 31 in any year. Prohibitions against fishing for, or catching and retaining, (a) American plaice in Division 3L, Division 3N or Division 3O; (b) Atlantic cod in Division 3L, Division 3N or Division 3O; (c) Capelin in Division 3N or Division 3O; (d) Northern shrimp in Division 3L, Division 3N or Division 3O; (e) Witch flounder in Division 3N or Division 3O; and (f) Yellowtail flounder in Division 3L, Division 3N or Division 3O. Prohibitions, when fishing for any straddling stocks set out in Part A of Table I or in Table II, against fishing with or having on board the foreign fishing vessel a trawl net that has a mesh size, in any part of the net, that is (a) in the case of a net made from Caprolan, Dederon or Kapron, less than 120 mm; and (b) in any other case, less than 130 mm. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area Sections 21-23 Item Measure Prohibition against fishing with a trawl net that has any of its meshes obstructed in any manner, other than a manner allowed under section 31 of the Fishery General Regulations. Prohibition against having on board the foreign fishing vessel in Division 3L, Division 3N or Division 3O any (a) Atlantic cod less than 41 cm in fork length; or (b) American plaice or Yellowtail flounder less than 25 cm in total length. Requirement to keep, and produce on the demand of a protection officer, accurate daily logs that set out (a) all catches, by species and area of capture; and (b) all production, by species and product form. Prohibition against removing fishing gear from the water during the 30 minute period after a Signal SQ 3 is sent from a government vessel to the foreign fishing vessel. SOR/94-362, s. 3; SOR/95-136, s. 2; SOR/95-222, s. 1; SOR/99-313, s. 3; SOR/2014-149, s. 5; SOR/2017-58, s. 49(F). States Party to the Fish Stocks Agreement 22 The foreign states and organizations of foreign states set out in Schedule IV are states party to the Fish Stocks Agreement. SOR/99-313, s. 4; SOR/2019-218, s. 10. Implementation of the Fish Stocks Agreement [SOR/2019-218, s. 11] Northwest Atlantic Fisheries Organization 23 (1) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the Fish Stocks Agreement Northwest Atlantic Fisheries Organization Sections 23-26.1 (2) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act. SOR/99-313, s. 4; SOR/2021-141, s. 2. 24 (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NAFO Regulatory Area for fish of a stock set out in Annex I.A or I.B of the NAFO Measures only if the state party to the Fish Stocks Agreement is a party to the NAFO Convention. (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NAFO Convention may fish in the NAFO Regulatory Area for the fish referred to in that subsection if the fishing is done under an arrangement that is expressly contemplated by the NAFO Measures and in a manner that complies with this arrangement and the NAFO measures. SOR/99-313, s. 4; SOR/2014-149, s. 6; SOR/2019-218, s. 12. Western and Central Pacific Fisheries Commission 25 (1) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act. (2) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act. SOR/2021-141, s. 3. 26 (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the WCPFC Regulatory Area for fish of a stock regulated by the WCPFC Measures only if the state is a party to the WCPF Convention. (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the WCPF Convention may fish in the WCPFC Regulatory Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the WCPFC Measures and in a manner that complies with that arrangement and the WCPFC Measures. SOR/2021-141, s. 3. 26.1 [Repealed, SOR/2014-149, s. 6] Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the Fish Stocks Agreement North Pacific Fisheries Commission Sections 27-38 North Pacific Fisheries Commission 27 (1) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.3 of the Act. (2) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.5 of the Act. SOR/2021-141, s. 3. 28 (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NPFC Convention Area for fish of a stock regulated by the NPFC Measures only if the state is a party to the NPF Convention. (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NPF Convention may fish in the NPFC Convention Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the NPFC Measures and in a manner that complies with that arrangement and the NPFC Measures. SOR/2021-141, s. 3. 28.1 [Repealed, SOR/2014-149, s. 6] 29 [Repealed, SOR/2014-149, s. 6] 30 [Repealed, SOR/2014-149, s. 6] 31 [Repealed, SOR/2014-149, s. 6] 31.1 [Repealed, SOR/2014-149, s. 6] 32 [Repealed, SOR/2014-149, s. 6] 33 [Repealed, SOR/2014-149, s. 6] 34 [Repealed, SOR/2014-149, s. 6] 35 [Repealed, SOR/2014-149, s. 6] 36 [Repealed, SOR/2014-149, s. 6] 37 [Repealed, SOR/2014-149, s. 6] 37.1 [Repealed, SOR/2014-149, s. 6] 38 [Repealed, SOR/2014-149, s. 6] Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the Fish Stocks Agreement International Commission for the Conservation of Atlantic Tunas Sections 39-42 International Commission for the Conservation of Atlantic Tunas 39 (1) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of section 5.3 of the Act. (2) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of paragraph 5.5(a) of the Act. SOR/99-313, s. 4. 40 No fishing vessel of a state party to the Fish Stocks Agreement that is fishing in the waters referred to in subsection 39(1) shall have on board a bluefin tuna that weighs less than 3.2 kg. SOR/99-313, s. 4; SOR/2004-110, s. 14; SOR/2019-218, s. 13. 41 Sections 24, 26, 28 and 40 are designated as regulatory provisions whose contravention is prohibited under paragraph 5.3(a) of the Act. SOR/99-313, s. 4; SOR/2014-149, s. 7; SOR/2021-141, s. 4. Enforcement Action in Respect of Canadian Fishing Vessels 42 The Minister may authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe the fishing vessel has contravened any measure established by the International Commission for the Conservation of Atlantic Tunas for the conservation or management of a highly migratory fish stock set out in the table to this section. TABLE Highly Migratory Fish Stocks Item Species Yellowfin tuna (Thunnus albacares) Skipjack tuna (Euthynnus pelamis) Bluefin tuna (Thunnus thynnus) Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the Fish Stocks Agreement Enforcement Action in Respect of Canadian Fishing Vessels Sections 42-44 Item Species Albacore tuna (Thunnus alalunga) Bigeye tuna (Thunnus obesus) Bonito tuna (Sarda sarda) Sailfish (Istiophorus albicans) Blue marlin (Makaira nigricans) White marlin (Tetrapturus albidus) Longbill spearfish (Tetrapturus pfluegeri) SOR/99-313, s. 4; SOR/2017-58, s. 50(F); SOR/2019-218, s. 14; SOR/2021-141, s. 5. Implementation of the CASPO Convention 43 (1) The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of section 5.4 of the Act. (2) The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of paragraph 5.5(b) of the Act. SOR/99-313, s. 4. 44 (1) No fishing vessel of a state that is a party to the CASPO Convention shall (a) engage in directed fishing for anadromous fish in the waters referred to in subsection 43(1); or (b) retain any anadromous fish taken as an incidental taking while fishing for non-anadromous fish in the waters referred to in subsection 43(1). (2) Subsection (1) does not apply to fishing for scientific research purposes in accordance with Article VII of the CASPO Convention. (3) Subsection (1) is hereby designated as a regulation the contravention of which is prohibited under section 5.4 of the Act. SOR/99-313, s. 4. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the CASPO Convention Sections 45-46.2 45 A protection officer may, in enforcing section 44, exercise the powers referred to in section 16.1 of the Act to the extent that they are consistent with the CASPO Convention. SOR/99-313, s. 4. 46 The Minister may authorize a state that is a party to the CASPO Convention to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe that the fishing vessel contravened any measure referred to in section 44. SOR/99-313, s. 4. Implementation of the NAFO Measures 46.1 (1) A protection officer who is acting in the performance of their duties in relation to the NAFO Convention may exercise the enforcement powers set out in the NAFO Measures in the NAFO Regulatory Area with respect to (a) a foreign fishing vessel of a state party to the NAFO Convention; (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NAFO Measures; or (c) any other foreign fishing vessel, except a foreign fishing vessel of a state that is set out in Table III or IV to section 21, if the master of the vessel consents to the protection officer exercising those enforcement powers. (2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b). (3) The protection officer may detain fish unloaded in port from a foreign fishing vessel referred to in paragraph (1)(a) until the officer has received, from the flag state, the form or forms set out in Annex II.L of the NAFO Measures. SOR/2014-149, s. 8; SOR/2017-58, s. 51(F); SOR/2019-218, s. 15. Implementation of the WCPFC Measures 46.2 (1) A protection officer who is acting in the performance of their duties in relation to the WCPF Convention may exercise the enforcement powers set out in the Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Implementation of the WCPFC Measures Sections 46.2-47 WCPFC Measures in the WCPFC Regulatory Area with respect to (a) a foreign fishing vessel of a state party to the WCPF Convention; (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the WCPFC Measures; or (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers. (2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b). SOR/2021-141, s. 6. Implementation of the NPFC Measures 46.3 (1) A protection officer who is acting in the performance of their duties in relation to the NPF Convention may exercise the enforcement powers set out in the NPFC Measures in the NPFC Convention Area with respect to (a) a foreign fishing vessel of a state party to the NPF Convention; (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NPFC Measures; or (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers. (2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b). SOR/2021-141, s. 6. Recovery of Costs 47 If a fishing vessel of a state party to the Fish Stocks Agreement is seized and, following a further investigation in port, the protection officer continues to have reasonable grounds to believe that an offence has been committed under section 24 or 40, Her Majesty in right of Canada may recover Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations Recovery of Costs Sections 47-48 (a) any reasonable costs incurred for berthage of the fishing vessel; (b) any reasonable costs incurred for the security and maintenance of the fishing vessel; and (c) any reasonable costs incurred for the repatriation of the crew of the fishing vessel. SOR/99-313, s. 4; SOR/2014-149, s. 9; SOR/2019-218, s. 16. Serving or Giving of Documents 48 In any proceeding against a fishing vessel in respect of an offence under any of sections 5.3 to 5.5 of the Act, a notice, statement, summons or other document may be given or served (a) personally to a person who appears to be in charge of the fishing vessel; (b) by mailing the document to the agent for the fishing vessel; or (c) by posting the document in a conspicuous location on the fishing vessel. SOR/99-313, s. 4. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE I Licence Fees for Foreign Fishing Vessels SCHEDULE I (Subsections 5(2) and 8(6)) Licence Fees for Foreign Fishing Vessels PART I Licences Authorizing Fishing, Processing, Transshipping or Support Activities Column I Column II Column III Item Vessels Licence Fee Fee for Amendment All vessels not otherwise provided for in this Schedule in Canadian fisheries waters of the Atlantic Ocean other than Subarea 0. $3.77 per ton, gross tonnage and $594 (a) $0.46 per ton, gross tonnage, per day on ground when licensed for any species other than cod, squid and tuna, (b) $0.63 per ton, gross tonnage, per day on ground when licensed for cod, (c) $0.39 per ton, gross tonnage, per day on ground when licensed for squid. All vessels not otherwise provided for in this Schedule in Canadian fisheries waters of the Pacific Ocean. Vessels, other than $9,889 per vessel. vessels of the United States, fishing for tuna in any Canadian fisheries waters. $594 Vessels of France $0.23 per ton, gross registered in Sainttonnage, per day on Pierre-et-Miquelon, in ground when fishing. Divisions 4R, 4S, Subdivisions 3Pn or 4Vn. Vessels of the United Nil States in any Canadian fisheries waters. Nil Current to June 20, 2022 Last amended on June 17, 2021 $3.77 per ton, gross tonnage, and $0.46 per ton, gross tonnage, per day when fishing. Coastal Fisheries Protection Regulations SCHEDULE I Licence Fees for Foreign Fishing Vessels Column I Column II Column III Item Vessels Licence Fee Fee for Amendment Vessels of flag states that are not members of the European Economic Community other than the United States in Canadian fisheries waters in Subarea 0 in respect of which (a) a licence to fish (a) $2,473 and $3.77 per has not been issued ton, gross tonnage. in respect of Canadian fisheries waters not in Subarea 0. (a) 594 (b) a licence to fish (b) $2,473 has been issued in respect of Canadian fisheries waters not in Subarea 0. (b) 594 Vessels of flag states Nil that are members of the European Economic Community in Canadian fisheries waters in Subarea 0. Nil Scientific and research vessels engaged in fisheries research of material benefit to Canada or the United States. Nil Nil Vessels engaged in developmental arrangements of material benefit to Canada. Nil Nil Vessels authorized to Nil load, unload or transship fish or fish products at a Canadian port. Nil Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE I Licence Fees for Foreign Fishing Vessels NOTE: In this part day on ground means any day during which a foreign fishing vessel has its licence on board and that vessel is in Canadian fisheries waters but does not include a day during which that vessel (a) is in a Canadian port; (b) transits to a Canadian port as a result of a medical emergency; (c) embarks or disembarks observers upon request of a Regional Director-General; (d) proceeds to a specified position for the purpose of an inspection upon request of a Regional Director-General or a protection officer; (e) enters Canadian fisheries waters after 2300 Greenwich mean time; (f) leaves Canadian fisheries waters prior to 0100 Greenwich mean time; or (g) is under seizure by a protection officer. PART II [Repealed, SOR/86-939, s. 5] PART III Licences Authorizing Activities other than Fishing, Processing, Transhipping or Support Activities Column I Column II Column III Item Vessels Licence Fee Amendment Fee Vessels of any flag state Nil Nil PART IV Exemption from Amendment Fees 1 No fee shall be charged for an amendment to a licence where the amendment results from any of the following circumstances: (a) non-arrival of a vessel into Canadian fisheries waters due to extenuating circumstances; Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE I Licence Fees for Foreign Fishing Vessels (b) early or late arrival of a vessel into Canadian fisheries waters within 14 days of the originally requested starting date on the initial entry of that vessel each year; (c) sea accident while in Canadian fisheries waters affecting ship safety; (d) allocations of quotas after the issuing of the licence; (e) closure of a fishery on scientific advice for the conservation of fish stocks; (f) port visits for less than 24 hours for other than routine reasons; (g) port visits for emergency vessel repairs related to ship safety; (h) port visits for less than 24 hours for the embarkation or disembarkation of an observer; (i) entry of a vessel into a special project with a Canadian company where the project is of a material benefit to Canada; (j) loss of fishing days as a result of court action resulting in an acquittal; and (k) amendments initiated by the Minister of Fisheries and Oceans. PART V Licences Authorizing the Activity Set out in Paragraph 5(1)(b) of These Regulations Column 1 Column 2 Item Licence Licence Fee Authorizing the activity set out in paragraph 5(1)(b) of these Regulations $1,500 SOR/78-447, s. 2; SOR/78-795, s. 3; SOR/79-713, s. 12; SOR/80-186, s. 7; SOR/81-729, s. 2; SOR/82-289, s. 3; SOR/83-264, s. 2; SOR/85-527, s. 15; SOR/86-939, s. 5; SOR/86-1091, s. 1; SOR/89-34, ss. 1 to 3; SOR/90-55, s. 1; SOR/90-57, ss. 1, 2; SOR/94-362, ss. 4(F), 5(F), 8(F); SOR/94-444, s. 3. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE 2 Areas SCHEDULE 2 (Section 2) Areas PART 1 NPFC Convention Area The part that is on the high seas of all waters of the North Pacific Ocean bounded to the south by a continuous line beginning at the seaward limit of waters under the jurisdiction of the United States around the Commonwealth of the Northern Mariana Islands at 20° north latitude, then proceeding east and connecting the following coordinates: 20°00′00″N, 180°00′00″E/W; 10°00′00″N, 180°00′00″E/W; 10°00′00″N, 140°00′00″W; 20°00′00″N, 140°00′00″W; and from there east to the seaward limit of waters under the fisheries jurisdiction of Mexico. That area excludes the high seas areas of the Bering Sea and other high seas areas that are surrounded by the exclusive economic zone of a single state. PART 2 WCPFC Regulatory Area The part that is on the high seas of all waters of the Pacific Ocean bounded to the south and east by a line that extends from the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude, then due east along that parallel to its intersection with the 150° meridian of east longitude, then due south along that meridian to its intersection with the 60° parallel of south latitude, then due east along that parallel to its intersection with the 130° meridian of west longitude, then due north along that meridian to its intersection with the 4° parallel of south latitude, then due west along that parallel to its intersection with the 150° meridian of west longitude, then due north along that meridian. SOR/2021-141, s. 7. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE III SCHEDULE III (Section 19.1) PART I/P Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE III PART II/P SOR/80-186, s. 8; SOR/83-264, s. 3. Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE IV SCHEDULE IV (Section 22) Item State Party to the Fish Stocks Agreement The Commonwealth of Australia The Republic of Austria The Commonwealth of the Bahamas The People’s Republic of Bangladesh Barbados The Kingdom of Belgium Belize The Federative Republic of Brazil The Republic of Bulgaria Cook Islands The Republic of Costa Rica The Republic of Croatia The Republic of Cyprus The Czech Republic The Kingdom of Denmark The Kingdom of Denmark (in respect of the Faeroe Islands and Greenland) The Republic of Estonia The European Union The Republic of Fiji The Republic of Finland The French Republic The French Republic (in respect of Saint-Pierre and Miquelon) The Federal Republic of Germany The Republic of Guinea The Hellenic Republic (Greece) The Republic of Hungary The Republic of Iceland The Republic of India The Republic of Indonesia The Islamic Republic of Iran Ireland The Italian Republic Japan The Republic of Kenya The Republic of Kiribati The Republic of Korea The Republic of Latvia The Republic of Liberia The Republic of Lithuania The Grand Duchy of Luxembourg The Republic of Maldives The Republic of Malta The Republic of the Marshall Islands The Republic of Mauritius Current to June 20, 2022 Last amended on June 17, 2021 Coastal Fisheries Protection Regulations SCHEDULE IV Item State Party to the Fish Stocks Agreement The Federated States of Micronesia The Principality of Monaco The Kingdom of Morocco The Republic of Mozambique The Republic of Namibia The Republic of Nauru The Kingdom of the Netherlands New Zealand The Federal Republic of Nigeria Niue The Kingdom of Norway The Sultanate of Oman The Republic of Palau The Republic of Panama Papua New Guinea The Republic of Poland The Portuguese Republic Romania The Russian Federation Saint Lucia Saint Vincent and the Grenadines The Independent State of Samoa The Republic of Senegal The Republic of Seychelles Slovak Republic The Republic of Slovenia Solomon Islands The Republic of South Africa The Kingdom of Spain The Democratic Socialist Republic of Sri Lanka The Kingdom of Sweden The Kingdom of Tonga The Republic of Trinidad and Tobago Tuvalu Ukraine The United Kingdom of Great Britain and Northern Ireland The United Kingdom on behalf of Pitcairn, Henderson, Ducie and Oeno Islands, Falkland Islands, South Georgia and South Sandwich Islands, Bermuda, Turks and Caicos Islands, British Indian Ocean Territory, British Virgin Islands and Anguilla The United States of America The Oriental Republic of Uruguay SOR/99-313, s. 5; SOR/2004-110, s. 15; SOR/2014-149, s. 10; SOR/2019-218, s. 17. Current to June 20, 2022 Last amended on June 17, 2021

CONSOLIDATION CRTC Rules of Procedure [Repealed, SOR/2010-277, s. 78] Current to June 20, 2022 Last amended on April 1, 2011 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. The last amendments came into force on April 1, 2011. 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 Last amended on April 1, 2011 TABLE OF PROVISIONS Rules Respecting the Procedure of the Canadian Radio-Television and Telecommunications Commission Current to June 20, 2022 Last amended on April 1, 2011 ii

CONSOLIDATION Conditions for Exempted Persons Regulations SOR/2007-17 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 Conditions for Exempted Persons Regulations Interpretation Application Export limit Actual exports Reduction of export limit End of exemption Coming into force Current to June 20, 2022 ii Registration SOR/2007-17 February 1, 2007 SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006 Conditions for Exempted Persons Regulations P.C. 2007-112 February 1, 2007 Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue and the Minister for International Trade, pursuant to subsection 16(1), paragraph 100(1)(b) and section 107 of the Softwood Lumber Products Export Charge Act, 2006a, hereby makes the annexed Conditions for Exempted Persons Regulations. a S.C. 2006, c. 13 Current to June 20, 2022 Conditions for Exempted Persons Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Softwood Lumber Products Export Charge Act, 2006. (Loi) reference price has the same meaning as in subsection 12(5) or (6) of the Act and is rounded in accordance with subsection 12(7) of the Act. (prix de référence) Application 2 These Regulations apply in respect of persons whose names are set out in the schedule to the Act. Export limit 3 (1) A person’s export limit of softwood lumber products for a calendar year is the amount determined by the formula BMP × M where BMP M is the person’s base average monthly production; and is number of months in that year that the reference price was not more than US$355 per thousand board feet. Base average monthly production (2) A person’s base average monthly production is the total production of softwood lumber products for the following years as certified by the province in which the person is located, divided by 24: (a) in the case of 9157–9516 Québec inc. (Scierie Nord-Sud inc.), 2002 and 2003; and (b) in all other cases, 2004 and 2005. Products from certain mills (3) The total production of softwood lumber products in respect of the following persons is based on the products produced from the following mills: (a) in the case of J.D. Irving Ltd., its mill at Pohénégamook in Quebec; and Current to June 20, 2022 Conditions for Exempted Persons Regulations Sections 3-7 (b) in the case of Matériaux Blanchet inc., its mill at Saint-Pamphile in Quebec. Actual exports 4 A person’s actual exports of softwood lumber products are determined at the end of the calendar year by adding the person’s exports of those products during the months when the reference price was not more than US$355 per thousand board feet. Reduction of export limit 5 If, in a calendar year, a person’s actual exports of softwood lumber products exceed their export limit by more than 0.5%, the person’s export limit for the following calendar year is reduced by (a) the amount of the excess, the first time an excess occurs; (b) twice the amount of the excess, the second time an excess occurs; and (c) three times the amount of the excess, the third time an excess occurs. End of exemption 6 For the purposes of subsection 16(1) of the Act, a person is exempt from the charge referred to in section 10 of the Act on the condition that the person’s actual annual exports of softwood lumber products do not exceed the person’s annual export limit by more than 0.5% in any four calendar years. The exemption ends on December 31 of the year that the fourth excess occurs. Coming into force 7 These Regulations are deemed to have come into force on October 12, 2006. Current to June 20, 2022

CONSOLIDATION CRTC Tariff Regulations SOR/79-555 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 Regulations Respecting the Form and Publication of Tariffs 1 Short Title Interpretation Approval of Tariffs Form and Style of Tariffs Contents of Tariffs Index of Tariffs Pagination of Tariffs Tariff to Define Rate Area Boundaries Tariff to Specify Extent of Extendedarea Service Reference Marks Inspection of Tariffs Publication of Tariffs Notice to Be Printed in Directory Current to June 20, 2022 ii Registration SOR/79-555 July 27, 1979 CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT CRTC Tariff Regulations The Canadian Radio-television and Telecommunications Commission, (a) pursuant to section 17 of the Canadian Radiotelevision and Telecommunications Commission Act, hereby rescinds Tariff Circular 3, Regulations Governing the Construction, Filing and Posting of Telegraph and Telephone Tariffs by Telegraph and Telephone Companies, made by General Order No. 843 dated 1 April, 1959 of the Board of Transport Commissioners for Canada; and (b) pursuant to subsection 14(2) of the Canadian Radio-television and Telecommunications Commission Act and section 270, subsections 320(3), 320(6) and 321(5) of the Railway Act hereby makes the annexed Regulations Respecting the Form and Publication of Tariffs to be effective 20 July, 1979, with the exception of subsections 4(3), 4(4) and 4(6) thereof which come into effect on 1 July, 1980. Ottawa, July 20th, 1979 Current to June 20, 2022 Regulations Respecting the Form and Publication of Tariffs Short Title 1 These Regulations may be cited as the CRTC Tariff Regulations. Interpretation 2 In these Regulations, all words and expressions have the same meaning as in the CRTC Telecommunications Rules of Procedure. Approval of Tariffs 3 No regulated company shall apply any tariff unless the tariff has been approved by the Commission. Form and Style of Tariffs 4 (1) The tariffs of every regulated company shall be in loose-leaf form, on pages of uniform size, 21.5 centimetres wide by 28 centimetres long, and shall be prepared in legible form by a duplicating process that ensures accuracy in all copies. (2) No alteration or erasure in the original text is permitted in any tariff filed with the Commission or made available to the public. (3) The tariffs of every regulated company shall be numbered consecutively, using the block of tariff numbers assigned to the company in the table to this section, and each number shall be prefixed by the letters “CRTC”. (4) The first tariff of a regulated company numbered as required by subsection (3) shall be the index of tariffs required to be published under section 6 and where a General Tariff is published by the company, its second tariff shall be the General Tariff of the company. (5) Where a regulated company has not been assigned a block of numbers in the table to this section, that company may apply ex parte to the Commission to have such a block assigned to it. (6) Where the Commission determines that a regulated company serves a significant proportion of subscribers in both official languages, every tariff of that company filed Current to June 20, 2022 CRTC Tariff Regulations Form and Style of Tariffs Sections 4-5 with the Commission or made available to the public shall be in both official languages. TABLE Regulated Company Assigned Tariff Numbers British Columbia Telephone Company CRTC 1000-CRTC 1999 Terra Nova Telecommunications CRTC 2000-CRTC 2999 Northwest Telecommunications CRTC 3000-CRTC 3999 Canadian National Telecommunications CRTC 4000-CRTC 4999 Canadian Pacific Telecommunications CRTC 5000-CRTC 5999 Bell Canada CRTC 6000-CRTC 7999 Telesat Canada CRTC 8000-CRTC 8999 Contents of Tariffs 5 (1) Subject to subsection (2), the tariffs of every regulated company shall contain a full and complete index of contents by subject-matter that shows, in alphabetical order, the exact location of information and that specifies the page and item numbers applicable. (2) Where the title page or interior arrangement of a tariff plainly discloses its contents, the index of contents may be omitted. (3) Every page of a tariff shall show (a) above a horizontal line near the top of the page in the upper left corner, the full name of the regulated company issuing the tariff and, in the upper right corner, the number of the tariff in bold type; (b) below a horizontal line near the bottom of the page, in the lower left corner, the date of the filing of the application for approval of the particular tariff page, and in the lower right corner, the effective date; and (c) centred at the bottom of the page, a reference to the appropriate Commission Telecom. Order or Decision, for example: “Approved in CRTC Telecom. Order 78-43, January 16, 1978”, or “Authority: Telecom. Decision CRTC 78-7, August 10, 1978”. (4) The general regulations of a regulated company, setting out the terms and conditions subject to which the company furnishes to the public the service and Current to June 20, 2022 CRTC Tariff Regulations Contents of Tariffs Sections 5-7 equipment described in its approved tariffs on file with the Commission, shall be included at the beginning of the General Tariff published by that company. (5) Where no General Tariff is published, the general regulations referred to in subsection (4) shall be included in one of the approved tariffs of the regulated company and all other approved tariffs shall contain a reference by CRTC number to the tariff in which such general regulations are published. (6) In each tariff, the rules or other governing provisions of the regulated company shall be stated in explicit terms with the title or subject of each in distinctive type, and shall include a reference to any other tariff that may be applicable. (7) Terms and expressions used in a tariff may be defined in a separate alphabetical list, which definitions shall govern all items in the tariff, unless a particular item in the tariff provides otherwise. (8) Where the definitions set out in the alphabetical list referred to in subsection (7) are intended to govern the meaning of the terms and expressions used in other tariffs, the other tariffs shall refer to that tariff by CRTC number. Index of Tariffs 6 Every regulated company shall publish as a tariff a complete index of approved tariffs and agreements in effect, divided into three sections, as follows: (a) a complete numerical list of its own tariffs numbered as required by subsection 4(3); (b) a complete descriptive list of the tariffs of other companies that it uses to determine rates and charges for service over any continuous route operated jointly with the other companies; (c) a complete descriptive list of approved agreements in effect that have been entered into with other companies. Pagination of Tariffs 7 (1) The title page of each tariff shall be designated in the upper right corner as “Original Title Page” and each page thereafter shall be consecutively numbered immediately under the CRTC number of the tariff in the top right corner as “Original Page 1”, “Original Page 2” and so on. Current to June 20, 2022 CRTC Tariff Regulations Pagination of Tariffs Sections 7-9 (2) In the case of tariffs of 10 or more pages, revised check pages shall be issued monthly by a regulated company to list the revision number in effect for each page of the tariffs. (3) In the case of tariffs of less than 10 pages, revised check pages shall be issued quarterly by a regulated company to list the revision number in effect for each page of the tariffs. (4) Amendments to tariffs shall be made by reprinting the page of the tariff, designating it as a revised page and noting the revision effected, for example, ”1st Revised Page 1, Cancels Original Page 1” or ”2nd Revised Page 1, Cancels 1st Revised Page 1” (5) Any additional page inserted within the series of pages comprising a tariff shall be given the same number as the page it follows and be consecutively numbered as “Original Page 1A”, “Original Page 1B” and so on. (6) Pages added beyond the original series of pages comprising a tariff shall be consecutively numbered in continuation of that series as “Original Page ...” and so on. (7) Where tariff matter is transferred from one page to another, both pages shall contain a cross-reference to indicate the page on which the tariff matter formerly appeared and the page to which it has been transferred, but the cross-reference shall not be carried forward in a revision of those pages. Tariff to Define Rate Area Boundaries 8 A base-rate, locality-rate or any other rate area, within which uniform charges are applied for local exchange telephone services, shall be clearly defined in tariffs by a map or clear description of the boundaries of such an area. Tariff to Specify Extent of Extended-area Service 9 Where an exchange has extended-area service with other exchanges, the tariffs shall specify the extent of that service and any weighting factors employed in the calculation of rates for that service. Current to June 20, 2022 CRTC Tariff Regulations Reference Marks Sections 10-11 Reference Marks 10 (1) The following reference marks shall be used in tariffs only to indicate changes in the rates, charges or in the wording of tariffs: ♦ or (A)— to denote increases; or (R)— to denote reductions; ▲ or (C)— to denote changes in wording where neither an increase nor reductions in rates or charges results therefrom; ● or (NC)— to denote no change in rates or charges; * or (N)— to denote new rates or charges; ☐ or (S)— to denote reissued matter. (2) The reference marks set out in subsection (1) shall be so placed in the text of a tariff to indicate as nearly as possible where the actual change in a rate, charge or in the wording of the tariff occurred. Inspection of Tariffs 11 (1) Subject to subsection (2), every regulated company shall deposit and keep on file at each of its business offices a copy of each of its tariffs. (2) Where a tariff contains a number of individual exchange tariffs, only the portion of the tariff relating to a particular exchange is required to be deposited and kept on file at the office of the regulated company located at that exchange. (3) Every regulated company shall deposit and keep on file at its business offices in at least two principal cities within the service area of the company a complete set of each of its tariffs. (4) All tariffs shall be available for inspection by the public at the business offices of every regulated company during business hours. (5) At each business office where tariffs are kept on file as required by this section, the person in charge at that office shall, on request, (a) produce any tariff on file for inspection; (b) arrange to provide single copies of up to 10 tariff pages at no charge; and (c) arrange to provide copies of any other tariff pages at a reasonable charge. Current to June 20, 2022 CRTC Tariff Regulations Publication of Tariffs Sections 12-13 Publication of Tariffs 12 (1) Every regulated company shall publish its tariffs as a subscription service and shall furnish a complete set of its tariffs or part thereof to any interested person on a subscription basis. (2) The fees and conditions for the service referred to in subsection (1) shall be set out in the General Tariff of the company, or in one of its effective tariffs where no General Tariff is published by the company. Notice to Be Printed in Directory 13 Where a regulated company furnishes or causes to be furnished a directory to its subscribers, each directory shall contain a notice that is printed in a form approved by the Commission and that contains the following particulars: (a) a statement that the rates, charges and conditions on which the services and facilities of the company are offered are regulated by the Commission, and are set out in tariffs approved by the Commission; (b) a statement that the tariffs of the company for service in any particular area are available for inspection by the public and may be seen at any of its business offices in that area during business hours, and that a complete set of all of its tariffs is available for public inspection at the principal cities referred to in subsection 11(3) and at the offices of the Commission; (c) a statement that any person may purchase a copy of the tariffs of the company on a subscription basis; (d) a statement setting out procedures for resolving complaints and settling disputes between subscribers and the company including (i) a brief description of typical complaints that a subscriber may address through this procedure, (ii) an outline of the initial recourse that a subscriber may adopt, (iii) a description of the appeal procedure within the company, together with a mailing address where appropriate; (e) a statement that complaints that have not been resolved to the satisfaction of the parties pursuant to paragraph (d) may be addressed in writing to the Commission for review; and Current to June 20, 2022 CRTC Tariff Regulations Notice to Be Printed in Directory Section 13 (f) a description, including the actual text where appropriate, of any general regulations of the regulated company, setting out the terms and conditions subject to which the company furnishes to the public the service and equipment described in its approved tariffs on file with the Commission. Current to June 20, 2022

CONSOLIDATION Certain Flights Charge and Tax Remission Order SI/2015-15 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 Certain Flights Charge and Tax Remission Order Interpretation Remission Conditions Current to June 20, 2022 ii Registration SI/2015-15 March 11, 2015 FINANCIAL ADMINISTRATION ACT Certain Flights Charge and Tax Remission Order P.C. 2015-206 February 19, 2015 His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Finance, pursuant to subsection 23(2)a of the Financial Administration Actb, makes the annexed Certain Flights Charge and Tax Remission Order. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Flights Charge and Tax Remission Order Interpretation 1 (1) The following definitions apply in this Order. qualified flight means a flight that was provided by Air Canada on June 10, 2014 for no consideration solely to travellers who were attending a Royal Canadian Mounted Police regimental funeral in Moncton on that day if the flight was taking place either (a) from Ottawa (Macdonald-Cartier International) or Toronto (Lester B. Pearson International) to Moncton; or (b) from Moncton to Ottawa (Macdonald-Cartier International) or Toronto (Lester B. Pearson International). (vol admissible) traveller means an individual who, on June 10, 2014, (a) was a member of the Royal Canadian Mounted Police, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (b) was a civilian employee of the Royal Canadian Mounted Police referred to in section 10 of the Royal Canadian Mounted Police Act; or (c) if neither paragraph (a) nor (b) applies, was otherwise working in the core public administration, as defined in subsection 11(1) of the Financial Administration Act. (passager) (2) Unless the context otherwise requires, words and expressions used in this Order have the same meaning as in the Air Travellers Security Charge Act. Remission 2 Remission is granted of the charge imposed under section 11 of the Air Travellers Security Charge Act in respect of an air transportation service that included a chargeable emplanement of a traveller in a qualified flight. 3 Remission is granted of any tax imposed under section 165 of the Excise Tax Act in respect of the charge referred to in section 2. Current to June 20, 2022 Certain Flights Charge and Tax Remission Order Remission Sections 4-6 4 Remission is granted of interest and penalties paid or payable on any amount for which remission is granted under section 2 or 3. Conditions 5 Remission is granted only to the extent to which the amount remitted has not otherwise been rebated, remitted, credited or refunded to any person under the Financial Administration Act or any other Act of Parliament. 6 If the charge referred to in section 2, or the tax referred to in section 3, was paid by the person acquiring the air transportation service, or was remitted by Air Canada to the Receiver General, remission is granted on the condition that (a) a claim for remission is made in writing to the Minister of National Revenue not later than one year after the day on which this Order is made; and (b) the person making the claim for remission provides the Minister of National Revenue with evidence or information that demonstrates that the charge or the tax has been paid or remitted by that person. Current to June 20, 2022

CONSOLIDATION Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations SOR/2021-248 Current to June 20, 2022 Last amended on January 1, 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. The last amendments came into force on January 1, 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 Last amended on January 1, 2022 TABLE OF PROVISIONS Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General 1 Definitions Incorporation by reference Inconsistency or conflict PART 2 Occupational Health and Safety Management and Oversight 4 Occupational health and safety policy Occupational health and safety management system Occupational health and safety program Workplace committee Record keeping Posting of documents PART 3 Reporting and Investigation 10 Report to supervisor or employer Report to employer with control Employer obligations Notification of Chief Safety Officer Investigation PART 4 Training — General 15 Provision of general training Competent person Records Current to June 20, 2022 Last amended on January 1, 2022 ii Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS PART 5 Emergency Response and Preparedness 18 Emergency response plan Posting of information Instruction and training Means of evacuation Emergency equipment Emergency alert system Emergency power source Emergency descent control Fire and explosion Firefighting equipment Fire team equipment Falls into ocean Emergency drills and exercises PART 6 First Aid and Medical Care 31 Operator’s obligations Employer obligations Medics First aiders Treatment records PART 7 Employee Well-being 36 Occupational health and safety program Impairment Fatigue training Rest periods Thermal stress Musculoskeletal injury Workplace violence and harassment Disruptive behaviour Current to June 20, 2022 Last amended on January 1, 2022 iv Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS PART 8 Personal Protective Equipment 44 Employee obligations Requirements Prescribed equipment Respiratory protective equipment Personal gas monitoring device Records PART 9 Passengers in Transit 50 Transit by helicopter Transit by vessel Safe entry and exit PART 10 Work Permits 53 Contents Occupational health and safety program Employer obligations PART 11 Facilities 56 Application Accommodations area Washrooms Portable toilet units Handwashing facilities Showers Changing facilities Sleeping quarters Dining area Smoking areas PART 12 Sanitation and Housekeeping 66 Waste material Pests Current to June 20, 2022 Last amended on January 1, 2022 v Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS Cleanliness and orderliness Storage PART 13 Food and Potable Water 70 Food safety Potable water PART 14 Lighting 72 Non-application Minimum levels Emergency lighting Handling, storage and disposal PART 15 Sound Levels 76 Unimpeded communication Noise PART 16 Ventilation 78 Air quality Ventilation system Internal combustion engine PART 17 Structural Safety 81 Movement within workplace Doors Guard-rails Wall and floor openings and open edges Open-top enclosures Structural openings PART 18 Equipment, Machines and Devices 87 Requirements Removal from service Current to June 20, 2022 Last amended on January 1, 2022 v Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS Hair, clothing and accessories Pedestrian passage Standards Fuelling PART 19 Elevators and Personnel Lifts 93 Standards Elevator documentation PART 20 Ladders, Stairs and Ramps 95 Application Ship’s ladder Requirement to install Stairs, ramps and fixed ladders Temporary stairs Ramps Fixed ladders Portable ladders PART 21 Scaffolding and Platforms 103 Definition of elevating work platform Use — general Prevention of contact Scaffolds Elevating work platforms PART 22 Fall Protection and Rope Access 108 Risk of falling Means of protection Rope access Work permit Instruction and training Current to June 20, 2022 Last amended on January 1, 2022 vi Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS PART 23 Falling Objects 113 Risk of injury PART 24 Materials Handling 114 Definitions Lifting risks Work permit Prohibitions Hazardous conditions Manual handling Rated capacity Materials handling equipment Cranes and hoists Wire rope clips Mobile equipment Additional standards Personnel transfer Signalling Inspection Instruction and training PART 25 Confined Spaces 130 Evaluation Occupational health and safety program Work permit Entry and occupation requirements Atmosphere Attendants Instruction and training Completion of work PART 26 Hot Work 138 Risks Work permit Requirements Current to June 20, 2022 Last amended on January 1, 2022 vi Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS PART 27 Hazardous Energy 141 Definitions Occupational health and safety program Work permit Employer obligations Approach boundaries PART 28 Compressed Gas 146 Hose lines Compressed gas cylinders Portable compressed gas cylinders PART 29 Abrasive Blasting and High-Pressure Washing 149 Employer obligations PART 30 Explosives 150 Definition of activity involving an explosive Occupational health and safety program Work permit Employer obligations PART 31 Hazardous Substances 154 Definitions Occupational health and safety program Investigation and assessment Employer obligations Identification Hazardous products — labelling Hazardous products — safety data sheets Exemption from requirement to disclose Instruction and training Provision of information in emergency Current to June 20, 2022 Last amended on January 1, 2022 ix Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations TABLE OF PROVISIONS PART 32 Diving 164 Definitions Occupational health and safety program Prohibitions Instruction Dive safety specialists Emergency response plan Emergency drills and exercises Dive project plan Dive contractor obligations Dive record PART 33 Related Amendments to the Nova Scotia Offshore Certificate of Fitness Regulations PART 34 Coming into Force 176 January 1, 2022 SCHEDULE 1 SCHEDULE 2 Current to June 20, 2022 Last amended on January 1, 2022 x Registration SOR/2021-248 December 13, 2021 CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations P.C. 2021-1006 December 9, 2021 Whereas, pursuant to subsection 210.127(1)a of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Actb, a copy of the proposed Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 24, 2021 and a reasonable opportunity was given to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; Whereas, pursuant to subsection 6(2)c of that Act, the Minister of Natural Resources consulted the minister of the government of Nova Scotia who is responsible for occupational health and safety with respect to the proposed Regulations and that minister approved the making of those Regulations; And whereas, pursuant to subsection 6(1)d of that Act, the Minister of Natural Resources consulted the Provincial Minister for Nova Scotia with respect to Part 33 of the proposed Regulations and that minister approved the making of that Part; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, the Minister of Labour and the Minister of Transport, pursuant to paragraphs 153(1)(f)e and 210.001(3)(a)a and section 210.126a of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Actb, makes the annexed Canada–Nova Scotia Offshore Area Occupa‐ tional Health and Safety Regulations. a S.C. 2014, c. 13, s. 84 b S.C. 1988, c. 28 c S.C. 2014, c. 13, s. 56 d S.C. 2015, c. 4, s. 117(16) e S.C. 1992, c. 35, s. 101 Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupa‐ tional Health and Safety Regulations PART 1 General Definitions 1 (1) The following definitions apply in these Regulations. accommodations area means the area of a marine installation or structure that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, office areas and medical rooms, and includes all washrooms in that area. (aire d’habitation) Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Loi) advanced first aid certificate means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for advanced first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies, or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 4 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme avancé) ANSI means the American National Standards Institute. (ANSI) ASME means the American Society of Mechanical Engineers. (ASME) biological exposure index means the biological exposure index established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (indice biologique d’exposition) competent person means a person who, in respect of a task, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General Section 1 (a) has the knowledge, training and experience necessary to do the task in a manner that protects the health and safety of all persons at the workplace; and (b) has knowledge of the provisions of the Act, these Regulations and the occupational health and safety program that apply to the task and of the potential or actual danger that the task poses to the health or safety of persons. (personne compétente) confined space means an enclosed or partially enclosed space that (a) is not designed or intended for human occupancy except on a temporary basis for the purpose of performing a specific task; (b) is or may become hazardous to a person in it, including by reason of its design, construction, location or atmosphere or the materials or substances it contains, without regard to any protection that may be afforded to the person through the use of personal protective equipment or additional ventilation; and (c) has restricted means of access and egress, or an internal configuration, that could make first aid, evacuation, rescue or other emergency response services difficult to provide. (espace clos) de-energized, in respect of any equipment, machine, device or system, or any component of one of those things, means that it is disconnected from all energy sources and void of any residual or stored energy. (hors tension) dive project means any work or activity for which an authorization to dive has been issued. (projet de plongée) electrical equipment means equipment that uses electricity or that is used for the generation or distribution of electricity. (équipement électrique) energized, in respect of an electrical conductor, a circuit part or electrical equipment, means that it is a source of voltage or is electrically connected to a source of voltage. (Version anglaise seulement) energy includes electrical, mechanical, hydraulic, pneumatic, chemical, radiant, thermal and gravitational energy. (énergie) energy-isolating device means a device that physically prevents the transmission or release of energy or a substance that is a source of energy, including (a) a manually operated electrical circuit breaker; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General Section 1 (b) a disconnect switch; (c) a manually operated switch by means of which the conductors of a circuit can be disconnected from all ungrounded supply conductors; (d) a valve; or (e) a blind, blank or blocking seal. (dispositif d’isolation des sources d’énergie) environmental conditions means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect operations at a workplace. (conditions environnementales) first aider means a person who holds a valid standard first aid certificate or advanced first aid certificate or who meets the requirements referred to in subsection 33(1) but is not a medic. (secouriste) hazard information, in respect of a hazardous substance, means information respecting the health and physical hazards posed by the substance and respecting its proper and safe storage, handling, use and disposal. (renseignements sur les risques) hazardous product has the same meaning as in section 2 of the Hazardous Products Act. (produit dangereux) high-pressure washing means the use of water or another liquid delivered from a pump at a pressure exceeding 10 MPa, with or without the addition of solid particles, to remove unwanted matter from a surface. (lavage sous haute pression) hot work means any work or activity, other than the use of explosives, that involves the use of or is likely to produce fire, sparks or another source of ignition. (travail à chaud) IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI) lockout means the securing, in accordance with the procedures referred to in paragraph 142(b), of a lockout device on an energy-isolating device that is being used to isolate the energy source of a piece of equipment, machine, device or system. (cadenassage) lockout device means a device that prevents the manipulation or removal of an energy-isolating device. (dispositif de cadenassage) Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General Section 1 LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International LifeSaving Appliance (LSA) Code. (recueil LSA) materials handling equipment means equipment, other than an elevator or personnel lift, that is used to transport, lift, move or position things or persons and includes gear and devices used in conjunction with other equipment in carrying out those functions. (équipement de manutention) medic means a person designated under subsection 33(1). (technicien médical) mobile equipment means wheeled or tracked materials handling equipment that is engine- or motor-powered, together with any attached or towed equipment. (équipement mobile) occupational health and safety program means the occupational health and safety program referred to in section 210.02 of the Act. (programme de santé et de sécurité au travail) piping system means an assembly of pipes, pipe fittings, valves or other control or safety devices, pumps, compressors and other fixed equipment. (réseau de canalisations) professional engineer means a competent person who is registered or licensed to engage in the practice of engineering under the laws of the province in which they practise. (ingénieur) rated capacity means the maximum load that equipment can handle or support safely, including, if applicable, in a given operational position or configuration, without regard to environmental conditions. (capacité nominale) safety data sheet has the same meaning as in section 2 of the Hazardous Products Act. (fiche de données de sécurité) specialized dive physician means a physician who is licensed to practise medicine in Canada and (a) meets the competencies of a Level 3 Physician set out in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations; or (b) possesses a diploma in hyperbaric medicine with a focus on diving medicine from the Royal College of Physicians and Surgeons of Canada and has completed training in saturation diving medicine that is Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General Section 1 recognized by that College. (médecin de plongée spécialisé) standard first aid certificate means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for intermediate first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 3 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme général) threshold limit value means the threshold limit value established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (valeur limite d’exposition) work area means the specific area in which an employee carries out their tasks. (espace de travail) work permit means a permit referred to in section 53. (permis de travail) Definitions under Part III.1 of Act (2) The following definitions apply for the purposes of Part III.1 of the Act. diving operation means any work or activity related to a dive — including any work or activity involving a diver or carried out by a person assisting a diver — that takes place from the start of pressurization or descent to the end of depressurization or ascent. (opération de plongée) Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 1 General Sections 1-3 incident means an event that resulted in any of the following occurrences or in which any of the following occurrences was narrowly avoided: (a) death; (b) serious injury within the meaning of subsection 210.017(5) of the Act; (c) missing person; (d) fire or explosion; (e) collision; (f) exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance; (g) impairment of any structure, facility, equipment or system critical to the safety of persons; or (h) implementation of emergency response procedures. (événement) Incorporation by reference 2 (1) In these Regulations, any incorporation by reference of a document is an incorporation by reference of that document as amended from time to time. Bilingual documents (2) Despite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages. Inconsistency or conflict 3 (1) In the event of any inconsistency or conflict among provisions of these Regulations, including those that incorporate documents by reference, the provision that imposes the most stringent requirement applies. Other regulations (2) In the event of any inconsistency between an obligation imposed by these Regulations and an obligation in respect of occupational health and safety that is imposed by the Nova Scotia Offshore Petroleum Installations Regulations or the Nova Scotia Offshore Petroleum Drilling and Production Regulations, these Regulations prevail, regardless of whether the obligations are imposed on the same person. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 2 Occupational Health and Safety Management and Oversight Sections 4-5 PART 2 Occupational Health and Safety Management and Oversight Occupational health and safety policy 4 The occupational health and safety policy referred to in section 210.011 of the Act must contain (a) the commitment of the operator to cooperate with any committee or coordinator, as the case may be, with regard to health and safety; and (b) an overview of the duties of all persons under Part III.1 of the Act. Occupational health and safety management system 5 (1) The occupational health and safety management system referred to in section 210.015 of the Act must set out procedures for (a) setting goals for the improvement of workplace health and safety, identifying specific targets against which the attainment of those goals is to be measured and reviewing those goals and targets at least annually; (b) ensuring that employees (i) are competent persons in respect of all tasks to be carried out by them, (ii) are kept aware of activities and occurrences that may have an impact on their health or safety at the workplace, and (iii) are supervised to ensure that they perform their duties safely; (c) ensuring that the most recent versions of all documents associated with the system are readily available to all persons at the workplace; (d) collecting, managing and analyzing data with respect to occupational health and safety, including hazards, occupational disease, accidents, incidents and other hazardous occurrences, and identifying trends in that data; and (e) keeping training and competency records in respect of employees, including workplace committee members. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 2 Occupational Health and Safety Management and Oversight Sections 5-6 Auditing (2) The audit referred to in paragraph 210.015(2)(g) of the Act must be carried out at as soon as practicable after each of the following occurrences and, in any event, at least once every three years: (a) any change of circumstances that may affect the health and safety of persons at the workplace; (b) the provision by a health and safety officer to the operator of a report under subsection 210.075(1) of the Act indicating non-compliance with Part III.1 of the Act; and (c) the making by a health and safety officer of an order under section 210.093 or 210.094 of the Act in relation to the workplace. Improvements (3) The operator must implement any improvements identified during the audit referred to in paragraph 210.015(2)(g) of the Act as soon as practicable. Occupational health and safety program 6 (1) Every occupational health and safety program must (a) set out procedures for ensuring that all employees at the workplace comply with the program and with Part III.1 of the Act and all regulations made under that Part; (b) set out procedures for ensuring that employees are competent persons in respect of all tasks to be carried out by them and are kept aware of activities and occurrences that may have an impact on their health or safety at the workplace; (c) set out procedures for keeping training and competency records in respect of employees; (d) set out procedures for keeping records necessary for the auditing of the program; (e) set out procedures and schedules that conform to paragraph 210.019(1)(p) of the Act for carrying out inspections for the purpose of hazard identification; (f) prioritize the implementation of hazard control measures in the following order: (i) measures that involve the elimination of hazards, (ii) measures that involve the selection of less hazardous means of carrying out work and activities, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 2 Occupational Health and Safety Management and Oversight Section 6 (iii) measures that involve the use of engineering controls to reduce the risks posed by hazards, (iv) measures that involve the use of administrative controls to reduce the risks posed by hazards, and (v) measures that involve protection from the effects of hazards; (g) identify the persons responsible for implementing hazard control measures, including after an occupational disease, accident, incident or other hazardous occurrence; (h) set out procedures for (i) the reporting of hazards by persons at the workplace to the employer, and (ii) the reporting, by the employer to a committee or to the coordinator, of hazards, occupational diseases, accidents, incidents, other hazardous occurrences and failures to comply with the provisions of Part III.1 of the Act, the regulations made under that Part or the occupational health and safety requirements of any authorization issued in relation to the workplace; (i) set out procedures for the prompt investigation of occupational diseases, accidents, incidents and other hazardous occurrences to determine their root cause and identify any actions that are necessary to prevent their reoccurrence; and (j) set out procedures for implementing corrective and preventive measures following an occupational disease, accident, incident or other hazardous occurrence and verifying the effectiveness of those measures. Auditing (2) The audit referred to in paragraph 210.02(2)(h) of the Act must be carried out at as soon as practicable after any of the following occurrences and, in any event, at least once every three years: (a) any change of circumstances that may affect the health and safety of persons at the workplace; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 2 Occupational Health and Safety Management and Oversight Sections 6-8 (b) any change made by the operator to its management system; (c) the provision by a health and safety officer to the employer of a report under subsection 210.075(2) of the Act indicating non-compliance with Part III.1 of the Act; and (d) the making by a health and safety officer of an order under section 210.093 or 210.094 of the Act in relation to the workplace. Improvements (3) The employer must implement any improvements identified during the audit referred to in paragraph 210.02(2)(h) of the Act as soon as practicable. Workplace committee 7 (1) A workplace committee that establishes rules of procedure must include among them (a) the quorum required for committee meetings; (b) the manner in which the committee will address complaints or concerns of employees, work refusals, occupational diseases, accidents, incidents and other hazardous occurrences that are reported to it; (c) a rule whereby a complaint or concern raised with any committee member is to be considered a complaint or concern raised with the committee as a whole; and (d) the time and manner in which complaints and concerns are to be responded to and recommendations made under paragraph 210.043(5)(d) of the Act. Minutes (2) Every workplace committee must, for the purpose of paragraph 210.043(4)(d) of the Act, provide a copy of the minutes of its committee meetings to any employee on request. Record keeping 8 All records that are required under the Act to be kept must be maintained in a manner that ensures their accessibility. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 2 Occupational Health and Safety Management and Oversight Sections 9-12 Posting of documents 9 (1) The period for which an operator or employer, as the case may be, must ensure that a document is posted under paragraph 210.098(4)(a) of the Act is at least 45 days. Appeal (2) If a decision or order is appealed under subsection 210.101(1) of the Act, the operator or employer, as the case may be, must ensure that all related documents referred to in paragraphs 210.098(1)(a) to (d) of the Act remain posted until the 45th day after the day on which the decision or order is revoked, confirmed or varied under subsection 210.101(9) of the Act. PART 3 Reporting and Investigation Report to supervisor or employer 10 An employee who becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at the workplace must, without delay, report it to their supervisor or their employer, orally or in writing. Report to employer with control 11 A supervisor to whom or employer to which — if that employer does not have control over the workplace — an occupational disease, accident, incident or other hazardous occurrence is reported under section 10 must, without delay, report it to the employer with control over the workplace, orally or in writing. Employer obligations 12 An employer that becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at a workplace under its control must, without delay, (a) take all measures necessary to ensure the health and safety of all persons at the workplace; and (b) provide to the operator, in writing, a brief description of the occupational disease, accident, incident or other hazardous occurrence, including the name of any affected persons and, if applicable, the date on which and the time and location at which it occurred. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 3 Reporting and Investigation Sections 13-14 Notification of Chief Safety Officer 13 An operator that is required under subsection 210.017(1) of the Act to notify the Chief Safety Officer of an occupational disease, accident, incident or other hazardous occurrence must do so in writing. Investigation 14 (1) An operator that is required, under subsection 210.017(2) of the Act, to investigate an occupational disease, accident, incident or other hazardous occurrence must obtain, within 14 days after the day on which it becomes known to the operator, a report, prepared by a competent person and accompanied by supporting documentation, that sets out, in respect of the disease, accident, incident or other occurrence and to a level of detail that is proportional to its actual or potential severity, (a) in the case of an accident, incident or other hazardous occurrence, the date on which and the time and location at which it occurred; (b) the name of the affected employee, if any; (c) a description of it and of any resulting symptoms or injury; (d) a description of the treatment provided, if any; (e) its causal factors and root causes; (f) other information relevant to its nature or impact; and (g) corrective and preventive measures that could be taken to prevent a similar situation from reoccurring. Report (2) The operator must submit a copy of the report and supporting documentation without delay to (a) the workplace committee or the coordinator, as the case may be; and (b) the Chief Safety Officer. Material change (3) If the operator becomes aware of new information that may result in a material change to the report, the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 3 Reporting and Investigation Sections 14-15 operator must obtain an updated report and supporting documentation and submit a copy without delay to the persons referred to in paragraphs (2)(a) and (b). Records (4) For the purpose of subsection 210.017(2) of the Act, (a) the records that every operator must keep include all reports obtained under subsection (1) or (3) and their supporting documentation; and (b) the period for which each record must be retained is (i) 40 years from the day on which it is made, if it relates to an occupational disease or exposure or potential exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance, (ii) 10 years from the day on which it is made, if it relates to an incident other than the exposure or potential exposure referred to in subparagraph (i), or (iii) five years from the day on which it is made, if it relates to any other accident or hazardous occurrence. PART 4 Training — General Provision of general training 15 The training that every employer must provide to each of its employees includes, (a) before the employee is first transported to a workplace and then as necessary to ensure the training remains valid for the duration of the employee’s employment at the workplace, (i) an offshore survival training program appropriate to the workplace location and to the means of transportation to be used to transport the employee to and from the workplace, (ii) training on the legislation applicable to occupational health and safety, including the rights of employees and the duties of operators, employers, supervisors and employees, and (iii) training on hydrogen sulfide safety, if hydrogen sulfide may be present at the workplace; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 4 Training — General Sections 15-18 (b) without delay on the employee’s arrival at a workplace at which they have not been present in the previous six months and before they perform any work there, (i) an orientation to the hazards and emergency procedures at the workplace, (ii) training in respect of any emergency duties that may be assigned to them at that workplace, and (iii) if the workplace is a marine installation or structure that is equipped with lifeboats, practice in boarding a lifeboat and securing themselves on a seat. Competent person 16 Every employer must ensure that all instruction and training that it is required to provide under the Act is developed by and, if applicable, delivered by a competent person. Records 17 Every employer must retain records of all instruction and training provided under the Act for (a) at least five years after the day on which the person to whom the instruction or training is provided ceases to be employed at any of the employer’s workplaces; or (b) if the person to whom the instruction or training is provided is not an employee of the employer, at least five years after the instruction or training is provided. PART 5 Emergency Response and Preparedness Emergency response plan 18 (1) Every employer must, for each workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, develop, implement and maintain a written emergency response plan in preparation for any reasonably Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Section 18 foreseeable emergency that might compromise the health and safety of persons at that workplace or at any other workplace under its control that is a workboat or dive site associated with the marine installation or structure. Contents of plan (2) The emergency response plan must (a) indicate the maximum number of persons who can safely occupy the workplace; (b) indicate the minimum number of persons needed at the workplace to be able to maintain safe operations in the event of an emergency; (c) set out procedures for ensuring that the personnel on board list, which sets out the total number of persons at the workplace each day and the name, position, employer and, if applicable, cabin number of each, is kept up to date; (d) set out the name and contact information of the operator, if the operator is not the employer with control over the workplace; (e) provide for the establishment of emergency response teams; (f) set out the name, position and contact information, including the usual location, of each person responsible for overseeing the emergency response teams and the implementation of emergency response procedures, as well as the name, position and contact information of those persons’ delegates; (g) set out the duties of employees, including members of the emergency response teams, and the procedures to be followed by all persons during an emergency; (h) indicate the muster station or other location where each employee is required to report during an emergency; (i) identify the system to be used for counting employees at each muster station and determining which employees, if any, are missing; (j) include a description of all emergency alarm signals that may be used, including how the order to abandon is to be given; (k) set out contact information for obtaining a means of transportation to be used to evacuate the workplace; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Section 18 (l) identify and set out contact information for all emergency response entities — and other entities operating nearby — that could render assistance in the event of an emergency; (m) include verified drawings of the layout of the workplace that clearly identify the person who verified them, indicate the scale of the drawings and show (i) the location of all exits, fire escapes, stairways, elevators, corridors and other exit routes, (ii) the location of all muster stations, temporary refuge areas, evacuation stations and other locations where lifeboats and life rafts are stored, (iii) the location, quantity and type of all equipment that may be used or worn in implementing emergency response procedures, (iv) the location of manual emergency shutdown and activation devices for all safety critical systems, (v) the location, quantity and type of all emergency communications equipment, (vi) the location of all first aid stations, medical rooms and casualty clearing areas, and (vii) the location of all designated hazardous substance storage areas; and (n) identify all resources necessary for the plan’s implementation. Availability of plan (3) The employer must ensure that a copy of the emergency response plan is made readily available to all employees at the workplace. Multiple employers (4) If an employer has employees at a workplace not under its control, it must ensure that those employees comply with Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 18-20 (a) the duties and procedures set out in the emergency response plan developed by the employer with control over the workplace; or (b) emergency duties and procedures that the employer has ensured are aligned with those referred to in paragraph (a). Posting of information 19 Every employer must ensure that the following items are posted in the specified locations, separately from the emergency response plan, at each workplace under its control that is a marine installation or structure: (a) a station bill containing the information referred to in subsection 7(1) of the Fire and Boat Drills Regulations as well as a description of any additional alarm signals, the membership of all emergency response teams and the location of all evacuation stations (i) in conspicuous places on every deck, and (ii) on the bridge, if the workplace is a vessel, or at the location where the installation manager referred to in section 198.2 of the Act is expected to be during an emergency, if the workplace is not a vessel; (b) the personnel on board list referred to in paragraph 18(2)(c), at the applicable location referred to in subparagraph (a)(ii); and (c) a drawing identifying all emergency escape routes from the location at which it is posted (i) at conspicuous locations around the workplace, and (ii) in every person’s sleeping quarters. Instruction and training 20 The instruction and training that every employer must provide to each of its employees includes (a) training in the procedures to be followed by the employee in the event of an emergency; and (b) instruction on the location of any emergency and fire protection equipment that the employee may be reasonably expected to use and training in the use of that equipment. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 21-22 Means of evacuation 21 Every employer must ensure, with respect to each workplace under its control that is a marine installation or structure, that (a) all muster stations, escape routes, exits, stairways and any other means of evacuation are maintained in serviceable condition and, to the extent feasible, are accessible and ready for use at all times; (b) all exits to the exterior, muster stations and evacuation stations are clearly identified by illuminated signs or otherwise clearly visible in all conditions; and (c) all escape routes are clearly identified with lightreflecting or illuminated markings. Emergency equipment 22 (1) Every employer must ensure that the location of all equipment to be used or worn in implementing emergency response procedures at each workplace under its control is clearly identified with light-reflecting or illuminated signs. Grab bags (2) Every employer must provide, in all sleeping quarters at a workplace under its control, a readily available grab bag for each person assigned to the sleeping quarters containing a smoke hood, heat-resistant gloves and a portable light source to enable the person to reach muster stations, temporary refuge areas and evacuation stations in conditions of fire, intense heat or smoke. Emergency escape breathing devices or respirators (3) Every employer must ensure that the emergency escape breathing devices or respirators that it provides in accordance with paragraph 46(a) are provided in appropriate quantities and at appropriate locations at the workplace to facilitate escape, having regard to (a) the maximum number of persons who may be at the workplace; (b) how those persons are generally distributed among various areas at the workplace; and (c) the configuration of the workplace and the potential for a person’s ability to move within it to be impeded by hazards arising from the situation that requires escape or from the escape itself. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 22-23 Immersion suits (4) Every employer must ensure that the immersion suits that it provides in accordance with paragraph 46(b) are provided in appropriate quantities and sizes and at appropriate locations at the workplace to facilitate abandonment, having regard to (a) the maximum number of persons who may be at the workplace; (b) how those persons are generally distributed among various areas at the workplace; (c) those persons’ sizes; and (d) the configuration of the workplace and the potential for a person’s ability to move within it to be impeded by hazards arising from the situation that requires abandonment or from the abandonment itself. Minimum number required (5) Despite subsection (4), the employer must provide the following minimum number of immersion suits: (a) in the case of a workplace that is a marine installation or structure used for drilling or production or as a living accommodation, (i) if it is normally attended, two immersion suits for each person at the workplace, including one in the person’s sleeping quarters, and (ii) if it is normally unattended, one immersion suit for each person at the workplace; (b) in the case of a workplace that is a marine installation or structure used for construction, diving or geotechnical or seismic work, one immersion suit for each person at the workplace, plus two additional suits in each of the bridge and the engine control room; and (c) in the case of any other workplace, one immersion suit for each person at the workplace. Emergency alert system 23 Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with a public address and alarm system that is audible or visible, as the case may be, in all areas of the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 23-25 workplace where a person may be present and is to be used to warn persons if (a) the workplace has to be evacuated; (b) a fire is detected; (c) there is a malfunction of a mechanical ventilation system provided for an area where toxic or combustible gases may accumulate to hazardous levels; (d) there is a person overboard; or (e) there is any other threat to the health or safety of persons at the workplace. Emergency power source 24 Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency power source that is sufficient to operate the following to the degree necessary to allow for safe occupancy of or egress from the workplace in the case of a failure of the main power system: (a) the public address and alarm system; (b) the emergency lighting system; (c) internal and external communications systems; and (d) light and sound signals marking the location of the workplace. Emergency descent control 25 (1) Every employer must provide, on each derrick or other elevated part of a workplace under its control that is a marine installation or structure, if there is only one usual means of escape from that location, a device that would allow a person to descend from the location by another means at a controlled speed in an emergency. Loss of power (2) The device must be capable of being operated despite the loss of the main source of power. Instructions (3) The employer must ensure that written instructions for operating the device are kept in a conspicuous place near the location where the device is stored. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 26-27 Fire and explosion 26 (1) Fire and explosion are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure that each workplace under its control is designed, constructed, arranged and maintained to minimize those risks. Hazardous areas (2) The occupational health and safety program in respect of a workplace that is a marine installation or structure must identify (a) all areas at the workplace, as classified according to a comprehensive and documented classification system, in which flammable, explosive or combustible substances are or are likely to be present in sufficient quantities and for sufficient periods of time to require special precautions to be taken in the selection, installation or use of machinery and electrical equipment to prevent a fire or explosion; and (b) the precautions applicable to those areas. Signage (3) The employer with control over the workplace must ensure that signs are posted in conspicuous places at each of the areas referred to in subsection (2), identifying them as areas in which there is a risk of fire or explosion. Prohibition (4) The employer must ensure that no person uses an open flame or other source of ignition in an area referred to in subsection (2) unless they are carrying out hot work in accordance with Part 26. Temporary or portable heating equipment (5) Every employer must ensure that any temporary or portable heating equipment that is used at a workplace under its control is located, protected and used in a manner that prevents the equipment from being overturned or damaged and any combustible materials in the vicinity from igniting. Firefighting equipment 27 Every employer must equip each workplace under its control with the firefighting equipment that is appropriate for that type of workplace and all classes of fire that may occur there. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Section 28 Fire team equipment 28 (1) The personal protective equipment that every employer with control over a workplace that is a marine installation or structure must provide to each of its employees, and any other individual at the workplace, who is tasked with fighting fires includes (a) a self-contained breathing apparatus with two full spare cylinders that (i) is selected and maintained in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators, (ii) conforms to the design and performance requirements in National Fire Protection Association Standard NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services, and (iii) is equipped with a personal distress alarm device; (b) life safety ropes, belts and harnesses that conform to the design and performance requirements in National Fire Protection Association Standard NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency Services, with the provisions of that standard pertaining to flame resistance being read as mandatory; and (c) personal protective clothing — including boots, gloves, helmet and visor, coat and trousers — that conforms to the design and performance requirements in National Fire Protection Association Standard NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. Other equipment (2) The employer must also provide, (a) to each employee referred to in subsection (1), (i) a portable electric safety lamp that can be easily attached to the employee’s clothing and will operate safely in anticipated conditions for at least three hours, and (ii) an axe with an insulated handle and carrying belt; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 28-29 (b) to the fire team as a whole, at least two two-way portable radiotelephone apparatus that are designed not to produce any spark or other source of ignition. Alternative equipment (3) Despite subsection (1) and paragraph (2)(a), if a workplace is a ship used for construction or diving or for geotechnical or seismic work, the employer may instead provide fire-fighter’s outfits that conform to the International Maritime Organization’s International Code for Fire Safety Systems. Quantity (4) The number of sets of equipment referred to in subsections (1) and (2) or fire-fighter’s outfits referred to in subsection (3), as the case may be, that the employer must provide at the workplace — and their sizing, if applicable — is to be determined having regard to the risk assessment carried out by the employer for the purpose of the occupational health and safety program. Minimums (5) Despite subsection (4), the number of sets of equipment or outfits, as the case may be, that the employer must provide is at least (a) four, if the workplace is a ship used for construction or diving or for geotechnical or seismic work; or (b) ten, in any other case. Equipment accessibility (6) The employer must ensure that the equipment provided in accordance with this section is kept ready for use and stored in a place that is easily accessible, with at least two sets of equipment or two outfits, as the case may be, being easily accessible from the helicopter deck, if any, of the marine installation or structure. Falls into ocean 29 The risk of a person at a workplace falling into the ocean is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and the employer with control over that workplace must (a) provide appropriate life-saving appliances and ensure they are held in readiness; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 29-30 (b) ensure that a competent person is readily available at all times to operate the life-saving appliances; and (c) ensure that a fast rescue boat that meets the requirements of Chapter V of the LSA Code is provided — or available from a standby vessel that is no more than 500 m away — and held in readiness. Emergency drills and exercises 30 (1) Every employer must establish, for each workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, a plan that describes the emergency drills and exercises that must be conducted at the workplace in relation to various scenarios and sets out the frequency with which they must be conducted. Minimum frequency (2) Despite subsection (1), the employer must ensure that (a) a drill to practise mustering is conducted at least once a week; (b) a fire drill is conducted at least once a month; (c) a drill to practise escape to the location of lifeboats or life rafts in preparation for abandonment of the workplace is conducted at least once a month; (d) if the workplace is equipped with lifeboats, (i) each employee participates, at least once every six months, in a drill that requires them to board a lifeboat while wearing an immersion suit and to secure themselves on a seat, and (ii) if feasible, a lifeboat launching drill is conducted annually to test the integrity and operation of the lifeboats and launching equipment; and (e) all drills and exercises are repeated as soon as practicable after any significant change to the emergency plan or to the work or activities carried out at the workplace with respect to which an authorization has been issued. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 5 Emergency Response and Preparedness Sections 30-31 Alternative to launching drill (3) If compliance with subparagraph (2)(d)(ii) is not feasible, the employer must ensure that additional inspections and testing of all components that would otherwise be tested by the launching drill are carried out in consultation with the lifeboat manufacturer and with the prior approval of the Chief Safety Officer. Equitable scheduling (4) The employer must schedule drills and exercises to ensure the equitable participation of all employees, regardless of their shift or rotation. Visitors (5) The employer must ensure that any person visiting the workplace who has not participated in the emergency drills or exercises is accompanied throughout the visit by someone who has done so. Records (6) The employer must keep a record of all emergency drills and exercises conducted that contains (a) the date on which and the time at which the drill or exercise was conducted; (b) a description of the drill or exercise scenario; (c) a list of all persons who participated in the drill or exercise; (d) the length of time taken to complete the drill or exercise, including the length of time to achieve a full muster; and (e) observations regarding the execution of the drill or exercise and opportunities for improvement. Record retention (7) The employer must retain the records referred to in subsection (6) for at least three years after the day on which the drill or exercise is carried out. PART 6 First Aid and Medical Care Operator’s obligations 31 Every operator must ensure that Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Sections 31-32 (a) a physician who has specialized knowledge in the treatment of illnesses and injuries that may arise at the workplace is readily available at all times to provide medical advice, remotely from a location in Nova Scotia, to any medic or first aider at the workplace and to be transported to the workplace, if necessary, to provide medical care, unless the workplace has a medic who is a physician with that knowledge; (b) an emergency medical evacuation service is available at all times for transporting an injured or ill person from the workplace to a hospital onshore using a means of transportation that (i) is equipped with appropriate first aid and medical supplies, (ii) is capable of accommodating and securing an occupied stretcher, and (iii) has one or more competent persons available on board to provide first aid or medical care to the injured or ill person during transportation; and (c) persons at the workplace have a means of quickly summoning the emergency medical evacuation service. Employer obligations 32 (1) Every employer with control over a workplace must (a) when assessing the risk of illness or injury at the workplace for the purpose of the occupational health and safety program, consult with a medic, if one is required at the workplace, and take into account (i) the location of the workplace and the expected delay in obtaining emergency medical services, (ii) the layout of the workplace, and (iii) environmental factors, including thermal considerations; (b) develop, in consultation with a medic, if one is required at the workplace — and with a specialized dive physician, if a dive project is to be carried out from the workplace — a written medical emergency response plan that addresses all reasonably foreseeable emergencies at the workplace and takes into account the location of the workplace, the time of year at which the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Section 32 work is to be carried out, the expected number of persons at the workplace during normal operations and the workplace’s maximum capacity; (c) determine, in consultation with a medic, if one is required at the workplace — and with a specialized dive physician, if a dive project is to be carried out from the workplace — the type and quantity of first aid and medical supplies and equipment, medication and facilities needed to respond to all reasonably foreseeable injuries and illnesses at the workplace and ensure that those supplies, that equipment, those medications and those facilities are provided, maintained, replenished and replaced as necessary; (d) establish and make readily available to all persons at the workplace written procedures for promptly obtaining first aid or medical care for any injury or illness, including procedures to follow while awaiting that care; (e) keep a diagram indicating the location of all first aid kits and medical rooms conspicuously posted at the workplace; (f) keep an up-to-date list of telephone numbers for use in emergencies conspicuously posted near every fixed telephone at the workplace; (g) keep a list of all medics and first aiders who are present at the workplace, as well as information on how and when they may be contacted and where they may be located, conspicuously posted in every medical room at the workplace; (h) keep a list of all medics who are present at the workplace — or, if no medic is required, of the first aiders who hold the highest level of first aid certificate held by any first aider at the workplace — as well as information on how and when they may be contacted and where they may be located conspicuously posted (i) on the bridge, if the workplace is a vessel, or (ii) at the location where the installation manager referred to in section 198.2 of the Act is expected to be during an emergency, if the workplace is not a vessel; and (i) ensure that the number of first aiders and medics set out in columns 2 to 4 of the following table that correspond to the number of persons at the workplace set out in column 1 are present at the workplace and readily available to provide prompt and appropriate first aid or medical care to persons at the workplace: Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Section 32 TABLE Column 1 Column 2 Item Number of persons at the workplace Number of first aiders wit standard first aid certificat higher 6–10 1 plus 1 for every 2 person excess of 6 11–30 3 plus 1 for every 2 person excess of 10 31–40 13 plus 1 for every 2 perso excess of 30 More than 40 17 plus 1 for every 2 perso excess of 40 TABLEAU Colonne 1 Colonne 2 Article Nombre de secouristes déte Nombre de personnes certificat en secourisme gén au lieu de travail niveau supérieur 6–10 1 plus 1 pour chaque 2 pers dessus de 6 11–30 3 plus 1 pour chaque 2 pers dessus de 10 31–40 13 plus 1 pour chaque 2 per dessus de 30 Plus de 40 17 plus 1 pour chaque 2 per dessus de 40 First aid kits (2) The first aid supplies referred to in paragraph (1)(c) must include first aid kits that Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Section 32 (a) conform to CSA Group standard Z1220, First aid kits for the workplace; (b) contain only the supplies necessary for rendering first aid, which are maintained in a clean, dry and serviceable condition; (c) are inspected at least monthly; and (d) are clearly identified by conspicuous signs and readily accessible at various locations throughout the workplace. Automated external defibrillators (3) If the workplace is a marine installation or structure, the first aid equipment referred to in paragraph (1)(c) must include (a) at least one automated external defibrillator in a common area accessible to all persons at the workplace; and (b) additional automated external defibrillators in the quantities and locations that are necessary, having regard to the risk assessment carried out by the employer for the purpose of the occupational health and safety program. Medical rooms (4) If the workplace is a marine installation or structure, the facilities referred to in paragraph (1)(c) must include a medical room (a) whose location is clearly identified by conspicuous signs; (b) that is supervised by a medic or, if no medic is required at the workplace, a first aider who holds the highest level of first aid certificate held by any first aider at the workplace; (c) whose location and design allow patients on stretchers to be easily transported to it from other locations at the workplace and from it to any deck from which patients may be transported from the workplace; (d) that allows for optimum ease of access to persons carrying a patient on a stretcher; (e) that is maintained in an orderly and sanitary condition and in which all surfaces are easily cleaned and disinfected; (f) that contains or is located adjacent to a washroom; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Section 32 (g) that contains (i) a rectangular treatment table that is accessible from both long sides and at least one short side, (ii) a medical lamp with an adjustable arm, (iii) a means of securing a stretcher in place when it is occupied by a patient, (iv) a handwashing facility supplied with running hot and cold water, (v) a hand-held shower head that can easily reach the patient, (vi) a storage cupboard and counter, (vii) a separate cubicle or curtained-off area with a cot or bed equipped with a moisture-protected mattress and two moisture-protected pillows, (viii) a table and at least two chairs, (ix) a lockable medical chest or cabinet, (x) a waste receptacle and a means of safely disposing of biohazards and sharp objects, (xi) sufficient electrical outlets of the appropriate voltage for the equipment to be used in the room, and (xii) all other medical supplies and equipment that are determined to be necessary under paragraph (1)(c); (h) in which information is accessible regarding (i) first aid procedures in respect of any reasonably foreseeable injury or illness at the workplace, (ii) all hazardous substances at the workplace, including the procedures for treating exposure to them and, in the case of hazardous products, their safety data sheets, if any, or other documents containing hazard information in respect of them, and (iii) procedures for transporting injured or ill persons within and from the workplace; and (i) that contains an effective means of hands-free electronic communication with the physician referred to in paragraph 31(a) and other emergency contacts, as well as an up-to-date list of the names and contact information of those persons for use in emergencies. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Sections 32-33 Medics 33 (1) An employer may designate a person as a medic if that person (a) has experience with helicopter or fixed-wing aircraft evacuation for medical purposes; (b) holds an advanced cardiac life support certificate or basic cardiac life support instructor’s certificate issued by an entity that bases its training on International Liaison Committee on Resuscitation guidelines; and (c) meets one of the following requirements: (i) they hold a licence to practise medicine in Canada and have at least two years’ clinical experience in intensive care or emergency practice, (ii) they hold a registered nursing certificate recognized by a provincial regulatory body and have at least two years’ clinical experience in intensive care or emergency practice, or (iii) they hold an advanced care paramedic certificate or critical care paramedic certificate issued by a college in Canada and have at least three years’ experience as an advanced life support provider. Designation in writing (2) The designation under subsection (1) must be made in writing. No other duties (3) The employer must not assign to the medic any other duties that will interfere with the prompt and adequate provision of first aid and medical care. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Sections 33-35 Responsibility (4) When providing first aid or medical care to an injured or ill person, a medic (a) must not be overruled by anyone other than the physician referred to in paragraph 31(a); and (b) must follow any directions given by the physician referred to in paragraph 31(a). First aiders 34 (1) Every employer must allow any first aider — and any other employee that the first aider needs for assistance — to provide prompt and adequate first aid to an injured or ill person and ensure that they have adequate time to do so, with no loss of pay or benefits. Responsibility (2) When providing first aid to an injured or ill person, a first aider (a) must not be overruled by anyone other than a physician, a medic or, if they hold a standard first aid certificate, a first aider with an advanced first aid certificate; and (b) must remain in charge of the person’s care until the first aid is complete or the person is under the care of a physician, a medic or, if they hold a standard first aid certificate, a first aider with an advanced first aid certificate. Treatment records 35 (1) Every first aider or medic who provides care to an injured or ill person or from whom treatment is sought must make and sign a record containing the following information: (a) the full name of the injured or ill person; (b) a brief description of the injury or illness — and of the occurrence that gave rise to it, if any — including, as applicable, the date on which and the time and location at which the injury or occurrence occurred or the date on which and the time at which symptoms of the illness were first experienced; (c) a brief description of any treatment provided by the first aider or medic, including the date on which and time at which it was provided; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 6 First Aid and Medical Care Sections 35-37 (d) a brief description of any arrangements made for the treatment or transportation of the injured or ill person. Retention (2) The employer with control over the workplace at which the record is made must retain it, from the day on which the injury or illness is first documented, for (a) 40 years, in the case of treatment for an occupational disease or exposure to a hazardous substance; (b) 10 years, in the case of treatment for an injury resulting from an incident, other than exposure to a hazardous substance, or for a musculoskeletal injury, as defined in subsection 41(3); and (c) five years, in any other case. PART 7 Employee Well-being Occupational health and safety program 36 Every occupational health and safety program must set out measures for promoting mental health and healthy lifestyles and must address substance abuse, the effects on mental health of working in a remote location and the management of mental illness. Impairment 37 (1) Impairment, including as a result of fatigue, stress, injury, illness, another physical or psychological condition, alcohol or drugs, is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every occupational health and safety program must (a) set out the roles and duties of all workplace parties in identifying and preventing the consequences of impairment on the health and safety of employees; (b) identify factors that may contribute to impairment or its causes, such as work and workplace conditions, work scheduling and task type and length; (c) require that the factors referred to in paragraph (b) be regularly monitored at the workplace and taken into account, in conjunction with incident reports, employee complaints, workplace committee reports and records of excess work hours kept under paragraph (e) Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 7 Employee Well-being Sections 37-39 or subsection 39(3), to identify any potential impairment; (d) require the development, maintenance and implementation of an appropriate work shift design that allows adequate rest periods; (e) require records to be kept of hours worked by an employee beyond their usual shift or rotation; and (f) require that the risk of fatigue be taken into account in developing all workplace procedures. Working while impaired (2) Every employer must ensure that no employee at a workplace under its control is permitted to work if their ability to do so is impaired in a manner that is likely to be hazardous to their health or safety or that of any other person at the workplace. Investigation of incidents (3) Impairment must be considered as a potential causal factor in the investigation of all incidents at the workplace. Fatigue training 38 The instruction and training that every employer must provide to its employees includes instruction and training on the factors that contribute to fatigue, procedures for identifying and reporting fatigue and the role and duties of employees in managing fatigue. Rest periods 39 (1) Every employer must ensure that no employee works at a workplace under its control unless they have been provided with a period of at least 11 consecutive hours of rest in the previous 24 hours. Exception (2) An employer may, in extenuating circumstances, allow an employee to work without having had that rest period if the employer has assessed the risk associated with Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 7 Employee Well-being Sections 39-40 the employee working the extra hours and determined, in consultation with the employee, that the work can be carried out without increased risk to their health or safety. Documentation (3) If an employer allows an employee to work without having had that rest period, the employer must ensure that a description of the work, the name of the employee, the hours worked, the reason for the exception and the result of the risk assessment referred to in subsection (2) are recorded. Non-application in emergency (4) Subsection (1) does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees. Alternative (5) Despite subsections (1) and (2), the employer with control over a workplace for which an authorization has been issued for a period of less than six months may alternatively comply, in respect of the marine crew, with the daily hours of work and minimum rest requirements outlined in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. Thermal stress 40 Thermal stress is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure, in respect of all persons at each workplace under its control who may be exposed to heat or cold, that (a) their exposure is kept below the applicable threshold limit value or action limit established by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices, as the case may be; (b) they are informed of the risk and advised of measures to be taken to minimize their exposure to it; (c) they are regularly monitored for signs of thermal stress; (d) they are provided with clothing and equipment that offers protection against thermal stress; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 7 Employee Well-being Sections 40-41 (e) screens or shelters are provided to protect them against the elements, if applicable; (f) measures are taken to acclimatize them to temperatures at the workplace; (g) hot or cold beverages, as the case may be, are made available to them; and (h) work schedules, including rest periods, are established having regard to thermal stress. Musculoskeletal injury 41 (1) Musculoskeletal injury is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and the procedures referred to in that paragraph must include an assessment, in consultation with the following persons, of the extent to which that risk is associated with each type of work carried out at the workplace: (a) a representative sample of employees who are required to carry out that type of work; and (b) employees who have signs or symptoms of musculoskeletal injury. Hazard control measures (2) The employer must ensure that interim hazard control measures are implemented without delay after the risks of musculoskeletal injury are assessed and permanent measures, determined with regard to the parameters established by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices, are implemented as soon as practicable. Definition of musculoskeletal injury (3) In this section, musculoskeletal injury means an injury to or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain or inflammation. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 7 Employee Well-being Section 42 Workplace violence and harassment 42 (1) Workplace violence and harassment is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every employer must develop and post at a place accessible to all employees a policy setting out the employer’s commitment to (a) provide a safe, healthy and violence and harassment-free workplace; (b) dedicate sufficient attention, resources and time to address factors that contribute to workplace violence and harassment; (c) communicate to its employees information in its possession about the factors referred to in paragraph (b); and (d) assist employees who have been exposed to workplace violence and harassment. Occupational health and safety program (2) Every occupational health and safety program must (a) require that the assessment of the risk of violence and harassment at the workplace take into account the nature of the work carried out at the workplace, the conditions under which that work is carried out and previous experiences at the workplace and other similar workplaces; and (b) include procedures for (i) summoning immediate assistance in response to violence that poses an immediate risk of physical injury, (ii) reporting incidents of workplace violence and harassment to the employer or a supervisor, and (iii) investigating and addressing reports of workplace violence and harassment. Training (3) The training that every employer must provide to each of its employees includes training on the factors that contribute to workplace violence and harassment. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 7 Employee Well-being Sections 42-45 Definition of workplace violence and harassment (4) In this section, workplace violence and harassment means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee. Disruptive behaviour 43 Every employer must instruct all employees at each workplace under its control to refrain from engaging in disruptive behaviour at the workplace that may be hazardous to themselves or any other person. PART 8 Personal Protective Equipment Employee obligations 44 (1) The personal protective equipment that every employee must use or wear for the purpose of paragraph 210.027(b) of the Act includes, in respect of any hazard to which they are exposed, all personal protective equipment that the employer or operator provides to them for the purpose of preventing or reducing injury from that hazard. Compatibility with clothing (2) Every employee must ensure that any clothing worn by them does not interfere with the proper functioning of any personal protective equipment used or worn by them. Requirements 45 Every employer must ensure that all personal protective equipment that it provides to its employees, or to other individuals at a workplace under its control, (a) is designed to effectively protect the user or wearer from the hazard for which it is provided; (b) is selected having regard to any other hazards in the work area in which it is intended to be used or worn; (c) does not create a hazard when used or worn for the purpose for which it is provided; (d) is compatible with all other personal protective equipment that the employer provides to be used or worn at the same time, so that one item of equipment does not make another item ineffective; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 8 Personal Protective Equipment Sections 45-46 (e) is maintained in good working order and in a clean and sanitary condition. Prescribed equipment 46 The personal protective equipment that every employer must provide to its employees and other individuals at a workplace under its control includes (a) if the workplace is a marine installation or structure, (i) emergency escape breathing devices that conform to the International Maritime Organization’s International Code for Fire Safety Systems and that, if they are to be used for escape from an atmosphere that is immediately dangerous to life and health, (A) have a rated service time in excess of the anticipated time needed to reach the nearest temporary safe refuge or muster station, and (B) if they are multifunctional self-contained breathing apparatuses or airline respirators, have an auxiliary self-contained air supply with a rated service time in excess of the anticipated time needed to allow for escape by way of the planned escape route and, in any event, of not less than 15 minutes, or (ii) respirators for the purpose of escape that are selected in accordance with CSA Group Standard Z94.4, Selection, use, and care of respirators; (b) if the workplace is a marine installation or structure, immersion suits that (i) conform to (A) Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, or (B) Underwriters Laboratories standard ANSI/CAN/UL 15027-2, Standard for Immersion Suits – Part 2: Abandonment Suits, Requirements Including Safety, and (ii) are appropriate for all expected environmental conditions in the vicinity of the workplace, all situations that may require emergency evacuation and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 8 Personal Protective Equipment Section 46 the time it would take for rescue operations to reach the area and complete a rescue; (c) if the workplace is a workboat, an anti-exposure suit for each employee or individual that (i) conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, and (ii) is appropriate for all expected environmental conditions in the vicinity of the workplace; (d) if the employee or individual is in the vicinity of moving equipment or loads, personal protective clothing that conforms to CSA Group standard Z96, Highvisibility safety apparel, other than the provisions of that standard that pertain to marking, and that is selected in accordance with that standard’s annex on selection, which is to be read as mandatory; (e) if the employee or individual may be exposed to a risk of head injury, protective headwear that conforms to CSA Group standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, other than the provisions of that standard that pertain to marking; (f) if the employee or individual may be exposed to a risk of injury to the eyes, face, ears or front of the neck, eye or face protectors that conform to CSA Group standard Z94.3, Eye and face protectors, other than the provisions of that standard that pertain to marking, and that are compatible with any corrective lenses worn by the employee or individual; (g) if the employee or individual may be exposed to a risk of foot injury or electric shock through footwear, protective footwear that conforms to (i) CSA Group standard Z195, Protective footwear, other than the provisions of that standard that pertain to marking, (ii) ASTM International standard F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear, other than the provisions of that standard that pertain to marking, or (iii) International Organization for Standardization standard ISO 20345, Personal protective equipment — Safety footwear, other than the provisions of that standard that pertain to marking; (h) if the employee or individual may be exposed to noise levels exceeding the threshold limit value for Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 8 Personal Protective Equipment Section 46 sound, other than while diving, personal protective equipment that conforms to and is selected and maintained in accordance with CSA Group standard Z94.2, Hearing protection devices - Performance, selection, care, and use; (i) if the employee or individual may be exposed to a hazard from a type of gas that can be monitored with a personal gas monitoring device, a device of that type that is explosion-proof and has been calibrated in accordance with the manufacturer’s instructions; (j) if the employee or individual may be exposed to fire or radiated heat from fire, personal protective clothing that conforms to the design and performance requirements set out in Canadian General Standards Board standard CAN/CGSB 155.20, Workwear for protection against hydrocarbon flash fire and optionally steam and hot fluids, or in Chapter 7 of National Fire Protection Association standard NFPA 2112, Standard on Flame-Resistant Clothing for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire; (k) if the employee or individual may be exposed to respiratory hazards, respiratory protective equipment that is (i) selected and maintained in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators, and (ii) in the case of a pressure-demand self-contained breathing apparatus that is to be used in atmospheres that are immediately dangerous to life and health, equipped with an audible alarm that sounds when the air supply has diminished to 33% of its capacity; (l) if the employee or individual may be exposed to a risk of injury to or through the skin, an effective shield, screen, cream, lotion or body covering; and (m) if the employee or individual is exposed to a risk of falling into the water, (i) a life jacket that is appropriate for all expected environmental conditions and conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, (ii) a personal flotation device that is appropriate for all expected environmental conditions and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 8 Personal Protective Equipment Sections 46-47 (A) has been approved by the Minister of Transport, the Canadian Coast Guard or the United States Coast Guard, (B) is appropriate for the weight of the person who will wear it, (C) has sufficient buoyancy to keep the person’s head afloat, and (D) is capable of being inflated manually, regardless of whether it is also equipped with automated inflation technology, or (iii) a fall-arrest system as described in paragraph 109(1)(d). Respiratory protective equipment 47 (1) Every employer must ensure that any respiratory protective equipment that they provide to employees or other individuals at a workplace under its control is used in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 8 Personal Protective Equipment Sections 47-50 Air supply (2) The employer must ensure that any respiratory protective equipment that supplies air is used only if (a) that air conforms to either CSA Group standard Z180.1, Compressed breathing air and systems or European Committee for Standardization (CEN) standard EN 12021, Respiratory equipment — Compressed gases for breathing apparatus; and (b) the system that supplies the air is tested, operated and maintained in accordance with CSA Group standard Z180.1, Compressed breathing air and systems. Personal gas monitoring device 48 Every employer must ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use. Records 49 Despite subsection 87(2), every employer must retain the records referred to in paragraph 87(1)(f) in respect of all personal protection equipment that they provide for as long as the equipment is in service. PART 9 Passengers in Transit Transit by helicopter 50 (1) The information and instruction that every operator must, for the purpose of paragraph 210.014(1)(a) of the Act, ensure is provided to each of the employees and other passengers being transported on a helicopter to or from any of its workplaces includes (a) an overview of the helicopter’s layout and features, including the location of emergency exits and equipment, including life rafts; (b) instruction on precautionary measures to be taken when embarking and disembarking and while en route; (c) the role of passengers during emergencies, including the means by which passengers may communicate directly with the pilot to alert them of an emergency; (d) a demonstration of the donning and doffing of the helicopter passenger transportation suit systems Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 9 Passengers in Transit Section 50 provided in accordance with subsection (3) and instruction on the use of the emergency underwater breathing apparatus provided in accordance with that subsection; and (e) instruction on escape and abandonment procedures, including the use of the life rafts referred to in paragraph (2)(b). Equipment (2) The equipment and devices with which every operator must, for the purpose of paragraph 210.014(2)(b) of the Act, ensure that any helicopter going to or from any of its workplaces is equipped includes (a) equipment that permits the helicopter’s flight path to be tracked at all times; and (b) life rafts, each of which is equipped with two position indicating devices, in sufficient numbers to accommodate all passengers on board, having regard to the passengers’ space requirements and weight while wearing helicopter passenger transportation suit systems. Personal protective equipment (3) The personal protective equipment that every operator must, for the purpose of paragraph 210.014(3)(a) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes (a) a helicopter passenger transportation suit system and life preserver that conform to the Airworthiness Manual published by the Department of Transport; and (b) an emergency underwater breathing apparatus (EUBA) that conforms to the Canadian Aviation Regulations. Training (4) The training that every operator must, for the purpose of paragraph 210.014(3)(b) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes (a) practice in donning and doffing the helicopter passenger transportation suit system that is provided to them; and (b) the training referred to in paragraph 602.66(1)(c) of the Canadian Aviation Regulations in respect of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 9 Passengers in Transit Sections 50-51 the emergency underwater breathing apparatus that is provided to them. Exception (5) The requirements to provide or wear a helicopter passenger transportation suit system or emergency underwater breathing apparatus or to provide training in their use do not apply in respect of any passenger in respect of whom there is an exemption, under subsection 5.9(2) of the Aeronautics Act, from the requirements under the Canadian Aviation Regulations respecting the wearing of a helicopter passenger transportation suit system or the use of an emergency underwater breathing apparatus. Transit by vessel 51 (1) The information and instruction that every operator must, for the purpose of paragraph 210.014(1)(a) of the Act, ensure is provided to each of the employees and other passengers being transported on a vessel to or from any of its workplaces includes (a) an overview of the vessel’s layout and features, including the location of muster stations and emergency exits and equipment, including lifeboats and life rafts; (b) the meaning of alarms; (c) instruction on precautionary measures to be taken when embarking and disembarking and while en route; (d) the role of passengers during emergencies; (e) a demonstration of the donning and doffing of the immersion suits provided in accordance with subsection (3); and (f) instruction on escape and abandonment procedures, including the use of the lifeboats and life rafts referred to in paragraph (2)(b). Equipment (2) The equipment and devices with which every operator must, for the purpose of paragraph 210.014(2)(b) of the Act, ensure that any vessel going to or from any of its workplaces is equipped includes (a) equipment that permits the vessel’s path to be tracked at all times; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 9 Passengers in Transit Sections 51-53 (b) lifeboats or life rafts, each of which is equipped with two position indicating devices, in sufficient numbers to accommodate all passengers on board, having regard to the passengers’ space requirements and weight while wearing immersion suits and the maximum weight capacity of the boats’ or rafts’ launching appliances. Personal protective equipment (3) The personal protective equipment that every operator must, for the purpose of paragraph 210.014(3)(a) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes a properly fitted immersion suit that conforms to paragraph 46(b). Training (4) The training that every operator must, for the purpose of paragraph 210.014(3)(b) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes practice in donning and doffing the immersion suit that is provided to them. Safe entry and exit 52 (1) Every operator must establish procedures for safe entry to and exit from each of its workplaces that is a marine installation or structure, including procedures respecting the use of gangways and fast rescue boats to transfer persons between marine installations and structures. Swing rope not permitted (2) The procedures must not permit the use of swing ropes for entering to or exiting from a marine installation or structure. PART 10 Work Permits Contents 53 (1) A work permit that is required by these Regulations must be issued, in either paper or electronic form, by a competent person designated by the employer with control over the workplace at which the activity to which the work permit relates is carried out, must be approved by a second competent person designated by that employer and must set out Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 10 Work Permits Section 53 (a) the name of the person who issued it and the person who approved it; (b) the name of each person to whom it is issued; (c) the periods during which the permit is valid; (d) the activity to which the permit relates, the location at which the activity is to be carried out and any restrictions to which it is subject; (e) any circumstances under which the activity is to be carried out that may have an effect on the health and safety risks associated with it, including (i) environmental conditions, (ii) impediments to the proper use of any equipment or other thing, and (iii) other activities being carried out in the area, with reference to any permit or certificate associated with those activities; (f) work procedures — including those that apply to a specific space, task, material, type of equipment or system — that are developed having regard to the circumstances referred to in paragraph (e) and are to be followed to minimize the health and safety risks associated with the activity, including (i) any equipment, machine, device or system that must be locked out, (ii) any tests that must be performed before, during and after the activity, (iii) the particulars of any tags or signs to be used, (iv) any protective equipment to be used, (v) the procedures to be followed in the case of an emergency or any other change in the conditions in which the activity is carried out, the persons involved or the equipment being used, and (vi) procedures for addressing any impediment to the proper use of any equipment or other thing; (g) any other engineering and administrative control measures in relation to the activity that are necessary for the health and safety of persons at the workplace; (h) the identification number of any lock used in a lockout referred to in subparagraph (f)(i); (i) the results of any tests referred to in subparagraph (f)(ii), the date on which and time at which they were Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 10 Work Permits Sections 53-55 performed and the signature of the person who performed them; and (j) any other information or documentation that is necessary to ensure that all persons involved in the activity are informed of the health and safety risks associated with it. Signatures (2) The work permit must be signed by the person who issued it, the person who approved it and every person involved in the activity to which it relates, to certify that they have read and understood its contents. Occupational health and safety program 54 Every occupational health and safety program must address the issuance and use of work permits, including (a) activities that require a work permit; (b) the work permit issuance process, including roles and responsibilities in obtaining or issuing a work permit, having regard to the nature of the activity to which the permit relates; (c) methods of assessing hazards; (d) methods of communicating information about work permits to affected employees; (e) the instruction and training to be given to employees with respect to work permits; and (f) record-keeping requirements in relation to work permits. Employer obligations 55 (1) Every employer must ensure that (a) every activity that requires a work permit and is carried out at a workplace under its control is carried out in accordance with a work permit; and (b) every work permit issued at a workplace under its control is made readily available to employees for the duration of the activity to which it relates. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 10 Work Permits Sections 55-57 Retention of copy (2) Every employer must retain a copy of each work permit issued at a workplace under its control for at least three years after the day on which the activity to which it relates is completed. PART 11 Facilities Application 56 This Part applies in respect of a workplace that is a marine installation or structure. Accommodations area 57 (1) Every employer must ensure that the accommodations area at each workplace under its control (a) is constructed in a manner that allows it to be easily cleaned and disinfected; (b) is constructed so that sleeping quarters are not exposed to sound levels in excess of 70 dB; (c) is equipped with adequate water and sewage systems; (d) is equipped with adequate heating, air-conditioning and ventilation systems that ensure that (i) its thermal conditions conform to ANSI/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 55, Thermal Environmental Conditions for Human Occupancy, and (ii) its ventilation rate conforms to ANSI/ASHRAE standard 62.1, Ventilation for Acceptable Indoor Air Quality; and (e) is maintained in a clean and sanitary condition and in good repair. Storage of equipment (2) The employer must ensure that no equipment is stored in an accommodations area unless the equipment Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Sections 57-59 (a) is intended to be used in the accommodations area; and (b) is stored in a closet that is provided for that purpose and fitted with a door. Washrooms 58 (1) Every employer must make available a sufficient number of washrooms for use by persons of all gender identities at each workplace under its control, in locations conveniently accessible from all work areas. Multiple toilets (2) If there are multiple toilets within a washroom, the employer must ensure that (a) each toilet is partitioned in a separate stall with a solid, properly closing door and fastener to ensure privacy; and (b) if the washroom is for use by persons of more than one gender identity, the partitions and doors extend from floor to ceiling. Requirements (3) The employer must ensure that all washrooms (a) contain handwashing facilities as described in subsection 60(2); (b) are, on their floors and the lower 15 cm of their walls and partitions, watertight, except for drains, and impervious to moisture; (c) are adequately heated; (d) are adequately ventilated; (e) are maintained in a clean and sanitary condition and in good repair; (f) are provided with a sufficient supply of toilet paper; and (g) are provided with a waste receptacle with a lid. Portable toilet units 59 (1) If the number of washrooms at a workplace is not sufficient to accommodate the number of persons at that workplace during its commissioning or decommissioning, the employer with control over the workplace may satisfy its obligations under subsection 58(1) by supplementing the available washrooms with portable toilet units. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Sections 59-61 Requirements (2) The employer must ensure that all portable toilet units (a) are supplied with (i) soap in a dispenser, clean water and disposable towels, or (ii) hand sanitizer; (b) are emptied and serviced at regular intervals in accordance with good hygiene practice; and (c) satisfy the requirements set out in paragraphs 58(3)(d) to (g). Handwashing facilities 60 (1) Every employer must make available a sufficient number of handwashing facilities for use by persons at each workplace under its control, in locations conveniently accessible from all work areas. Requirements (2) The employer must ensure that all handwashing facilities (a) have a supply of either clean hot and cold or clean warm water; (b) are supplied with soap in a dispenser; (c) are supplied with individual clean and sanitary towels or another suitable means of drying hands; and (d) are maintained in a clean and sanitary condition and in good repair. Showers 61 (1) Every employer must make available a sufficient number of showers for use by persons at each workplace under its control. Requirements (2) The employer must ensure that all showers (a) are designed for use by one person at a time, with walls, partitions or curtains in place as necessary to ensure privacy; (b) have floors and walls that are watertight, except for drains, and impervious to moisture; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Sections 61-63 (c) have a supply of clean hot and cold water; (d) are supplied with individual clean and sanitary towels; and (e) are maintained in a clean and sanitary condition and in good repair. Changing facilities 62 Every employer must provide, at each workplace under its control, a changing facility that (a) is located adjacent to a washroom; (b) is of sufficient size to allow employees to change in and out of work clothing; (c) has, for each employee at the workplace who is on rotation, a locker with sufficient capacity to store the employee’s personal clothing while they are working and their work clothing and equipment while they are not working; (d) has sufficient capacity to allow for storage of personal protective equipment belonging to off-rotation employees, if there is insufficient storage available to those employees in their sleeping quarters; and (e) contains a means of drying wet clothing. Sleeping quarters 63 (1) Every employer must ensure that the sleeping quarters at each workplace under its control contain, for each person assigned to those quarters, (a) a standalone bed or bunk (i) that has inner dimensions of at least 1.98 m by 80 cm, (ii) that is not part of a unit that is more than double-tiered, (iii) whose bottom is at least 30 cm off the floor, if it is a standalone bed or the lower bunk in a doubletiered unit, or approximately midway between the bottom of the lower bunk and the ceiling, if it is the upper bunk in a double-tiered unit, (iv) that is equipped with an access ladder and a suitable barrier to protect against falls, if it is the upper bunk in a double-tiered unit, (v) that can be easily cleaned and disinfected, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Sections 63-65 (vi) that is supplied with clean and sanitary bedding; (b) a storage area fitted with a locking device to hold the employee’s personal belongings; and (c) a reading lamp. Private room and washroom (2) Every employer must, to the extent feasible, assign each person at a workplace under its control their own sleeping quarters with direct access to their own washroom containing a shower. Alternative (3) If compliance with subsection (2) is not feasible, the employer must (a) assign no more than two persons to sleep in the same sleeping quarters at the same time, unless a greater number is approved in advance by the Chief Safety Officer on a short-term basis; and (b) if the workplace is a marine installation or structure used for drilling or production or as a living accommodation, ensure that all persons have direct access from their sleeping quarters to a washroom containing a shower and that no more than two sleeping quarters have direct access to the same washroom. Dining area 64 Every employer must ensure the provision, at each workplace under its control, of a dining area that is (a) of sufficient size to allow individual seating and table space for each employee expected to be using the area at one time; (b) separated from any place containing a hazardous substance that may contaminate food, dishes or utensils; (c) provided with waste receptacles; and (d) maintained in a clean and sanitary condition and in good repair. Smoking areas 65 (1) It is prohibited to smoke or use a vaping device at a workplace other than in an area designated for that purpose by the employer with control over the workplace. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Section 65 Designation of areas (2) An employer must select any area that it designates as an area in which smoking or the use of a vaping device is permitted having regard to (a) the area’s proximity to fire and explosion hazards; and (b) the need to prevent exposure of other persons at the workplace to emissions — both directly from the product and as exhaled by the user — from smoking or the use of a vaping device. Prohibition in vicinity of drilling or production (3) It is prohibited to smoke or use a vaping device — even within a designated area — on the deck of a marine installation or structure if drilling or production activities are being carried out in the vicinity. Indoor areas (4) The employer must ensure, with respect to any indoor area that it designates as an area in which smoking or the use of a vaping device is permitted, that (a) the designated area is maintained under negative pressure with respect to the adjacent area; (b) the designated area is separated from the adjacent area by solid walls, floors and ceilings and solid doors equipped with an automatic closing mechanism; and (c) air transfer into the designated area is maintained at a rate of at least 24 L/s per occupant, regardless of whether the doors are open or closed, and air is not recirculated. Signage (5) Every employer must ensure that signage is posted outside each entrance to an area in which smoking or the use of a vaping device is permitted, indicating (a) that persons entering the area may be exposed to emissions from smoking or the use of a vaping device; and (b) the area’s maximum occupancy level, as determined with regard to its air transfer rate, if the area is indoors,. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 11 Facilities Sections 65-67 Designation removed (6) If an employer removes the designation of an area as an area in which smoking or the use of a vaping device is permitted, it must ensure that the signage referred to in paragraph (5)(a) remains posted outside each entrance to the area until the area contains no residual contaminants from the smoking or vaping activity. PART 12 Sanitation and Housekeeping Waste material 66 The risks associated with the accumulation of and exposure to waste material, including garbage, recyclable refuse, food waste and debris, are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure, at each workplace under its control, that (a) waste material is collected, handled, segregated and removed in a safe and hygienic manner; (b) waste receptacles and other facilities for disposing of and storing waste material are provided to prevent its hazardous accumulation; and (c) all waste receptacles that are provided in dining and food preparation areas or that are intended to hold waste material that could give rise to a hazard, including waste material that is flammable or combustible, are (i) made of fire-rated material, (ii) leakproof, (iii) fitted with a tight-fitting lid, and (iv) maintained in good working order and in a clean and sanitary condition. Pests 67 (1) The risks associated with the presence of pests are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 12 Sanitation and Housekeeping Sections 67-69 that the enclosed parts of each workplace under its control are constructed, equipped and maintained in a manner that prevents, to the extent feasible, the entry of pests. Elimination of pests (2) If pests have entered an enclosed part of the workplace, the employer must immediately take all steps necessary to eliminate the pests and prevent their re-entry. Records (3) The occupational health and safety program must provide for the keeping of pest control inspection and pesticide application records. Cleanliness and orderliness 68 The hazard control measures set out in every occupational health and safety program must include procedures for (a) maintaining the workplace in a clean and orderly state; (b) ensuring that all surfaces at the workplace on which a person may stand are kept free of slipping and tripping hazards; and (c) ensuring that all cleaning of the workplace is carried out in a manner that does not allow dust or any other substance that may be harmful to employees’ health or safety to contaminate the air. Storage 69 Every employer must ensure that all things at each workplace under its control are stored or placed in a manner that does not a present a hazard to the health or safety of any person, including by (a) impeding the safe movement of persons, equipment or things through corridors, entrances or exits; (b) impeding access to or the use of firefighting, first aid or other emergency equipment; (c) interfering with the operation of fixed fire protection equipment; (d) impeding access to electrical panels, equipment control panels or emergency disconnect switches or devices; (e) obstructing ventilation or illumination; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 12 Sanitation and Housekeeping Sections 69-71 (f) exceeding the maximum load-carrying capacity of the thing on which they are stored or placed; or (g) being stacked in a manner that makes them unstable. PART 13 Food and Potable Water Food safety 70 The risks arising from the consumption of unsafe food are, in respect of every workplace at which food is served, prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and the employer with control over the workplace must ensure that (a) all preparation, storage, handling or serving of food is done in accordance with the Codex Alimentarius Commission’s “Recommended International Code of Practice: General Principles of Food Hygiene”, as set out in its publication Food Hygiene (Basic Texts), with the recommendations in the Code being read as mandatory; (b) foods that require refrigeration to prevent them from becoming hazardous to health are maintained at a temperature of 4°C or lower; (c) foods that require freezing to prevent them from becoming hazardous to health are maintained at a temperature of -18°C or lower; and (d) temperature logs are maintained for hot and cold holding units, including refrigerators and freezers. Potable water 71 (1) Every employer must provide, to all persons at each workplace under its control, potable water for drinking and food preparation and must ensure that clean and sanitary cups are provided for drinking water that is not provided from a drinking fountain. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 13 Food and Potable Water Sections 71-73 Occupational health and safety program (2) The risks associated with the consumption of nonpotable water are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every occupational health and safety program must (a) provide for on-site oversight by a competent person of the daily operation of the system by which potable water is provided; (b) require notification of the workplace committee or coordinator, as the case may be, of any samples taken from that system that fail to meet the requirements for potable water; (c) set out procedures for addressing any failures of the system to provide water that meets the requirements for potable water; and (d) address the keeping of records relating to the system, its oversight and its performance. Definition of potable water (3) In this section, potable water means water that conforms to the Department of Health’s Guidelines for Canadian Drinking Water Quality. PART 14 Lighting Non-application 72 This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit or the bridge of any ship used for construction, production or diving or for geotechnical or seismic work. Minimum levels 73 Every employer must, in respect of each workplace under its control, ensure that (a) all persons at the workplace have sufficient lighting — in terms of both quantity and quality — to perform all of their tasks safely; and (b) if the workplace is a marine installation or structure, the average level of lighting at a work position or in an area referred to in column 1 of the following table is not less than that set out in column 2 when the workplace’s primary lighting system is operational. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 14 Lighting Section 73 TABLE Column 1 Item Work Position or Area 1 (a) work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed (b) work positions at which business machines are operated or prolonged reading or writing tasks are performed (a) work positions at which instruments are read or hazardous substances are handled, if errors in such reading or handling may be hazardous to the health or safety of an employee (b) work positions at which close or prolonged attention is given to laboratory work Workshops and garages: (a) work positions at which fine or medium bench, machine or repair work is performed (b) work positions at which rough bench, machine or repair work is performed (c) other areas 4 Laboratories: (c) other areas 3 Minimum Average Level (in lx) Office areas: (c) other areas 2 Column 2 Process areas: (a) work positions in major control rooms or rooms with dial displays at which tasks essential to the control of equipment or machinery that may be hazardous to the safety of employees are performed (b) work positions at which a hazardous substance is used, stored or handled Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 14 Lighting Section 73 Column 1 Item Work Position or Area (d) other areas Loading platforms and warehouses: (a) work positions at which packages or goods are checked or sorted (b) work positions at which loading or unloading work is frequently performed Storage areas: (a) areas in which there is a high level of activity (b) other areas Derricks, drill floors and moon pools: (b) other areas (b) other areas Medical rooms: (a) work positions at which first aid or medical care is rendered or examinations are conducted or at which other tasks essential to the health or safety of an employee are performed (b) other areas Entrances, exits, elevators, corridors, aisles and stairways: (a) areas in which there is a high level of activity or where there is a high frequency of traffic Minimum Average Level (in lx) (c) work positions at which gauges and meters that are not self-illuminating are located (a) work positions at which there is a high level of activity Column 2 Food preparation areas: (a) work positions at which prolonged cutting or preparation tasks are performed (b) other areas Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 14 Lighting Sections 73-75 Column 1 Item Work Position or Area Column 2 Minimum Average Level (in lx) Dining areas and recreation areas Sleeping quarters Washrooms and showers Boiler, engine, ballast control and generator rooms Rooms in which principal heating, ventilation or airconditioning equipment is installed Emergency shower facilities, emergency equipment locations, muster stations, temporary refuge areas and lifeboat and life raft locations Emergency lighting 74 (1) Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency lighting system that (a) turns on automatically if the primary lighting system fails; and (b) provides sufficient dependable illumination to enable all emergency measures to be carried out, including emergency shutdown procedures and evacuation of persons from the workplace. Verification (2) The employer must ensure that the emergency lighting system is verified to be in working order at least once a month. Handling, storage and disposal 75 Every employer must ensure that lighting components and bulbs at each workplace under its control are handled, stored and disposed of in accordance with the manufacturer’s instructions and in a manner that does not pose a risk to any person. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 15 Sound Levels Sections 76-77 PART 15 Sound Levels Unimpeded communication 76 Every employer must ensure that sound levels at each workplace under its control do not impede communication during normal or emergency operations. Noise 77 (1) Excessive noise is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure, with respect to each workplace under its control, other than an underwater area, that (a) noise surveys are carried out in accordance with CSA Group standard Z107.56, Measurement of noise exposure; (b) to the extent feasible, the threshold limit value for sound is not exceeded; and (c) if it is not feasible to reduce sound levels at the workplace to within the threshold limit value, (i) signs are posted at the entrances to or on the periphery of areas where employees may be exposed to excessive sound levels that clearly indicate the presence of a noise hazard and identify the personal protective equipment that is required in that area, and (ii) every employee at the workplace undergoes an audiometric test every two years, or more frequently as recommended by an audiologist or occupational physician. Survey results (2) The employer must retain the results of all noise surveys for at least 10 years after the day on which they were carried out. Instruction and training (3) The instruction and training that every employer must provide to its employees includes instruction and training on the risks posed by excessive noise. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 16 Ventilation Sections 78-79 PART 16 Ventilation Air quality 78 (1) Poor air quality is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure that all contaminants in the air at each workplace under its control are kept below the applicable threshold limit values, including — if the workplace is a marine installation or structure — through the installation, use, maintenance and testing of appropriate ventilation systems and other engineering controls. Local exhaust ventilation (2) The ventilation systems must, if feasible, include local exhaust ventilation systems where necessary to prevent contaminants from entering an employee’s breathing zone while the employee is working. Ventilation system 79 Every employer must ensure, with respect to any ventilation system installed at a workplace under its control, that (a) it is equipped with a device that provides a warning if the system is not working properly; (b) all contaminants that it removes are exhausted clear of the area from which they are drawn and prevented from entering any work area or accommodations area; (c) it and any humidification equipment that forms a part of it (i) are constructed and maintained in a manner that minimizes the growth and dissemination through the system of micro-organisms, insects and mites, and (ii) if feasible, are readily accessible for cleaning and inspection; and (d) unless it is installed in an accommodations area, its minimum ventilation rate conforms to American Conference of Governmental Industrial Hygienists standard Industrial Ventilation: A Manual of Recommended Practice for Design. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 16 Ventilation Sections 80-83 Internal combustion engine 80 If mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area, the employer with control over the workplace at which it is operated must ensure that the engine is maintained in a manner that ensures conformity with the requirements of American Conference of Governmental Industrial Hygienists standard Industrial Ventilation: A Manual of Recommended Practice for Design relating to vehicle exhaust ventilation. PART 17 Structural Safety Movement within workplace 81 Every employer must ensure, to the extent feasible, that all persons at each workplace under its control that is a marine installation or structure are able to move around the workplace, including through corridors, without bending, sidling or tripping and must ensure that any changes in floor elevation and ceiling height that pose a risk of injury and cannot be eliminated are clearly marked. Doors 82 Every employer must ensure, at each workplace under its control that is a marine installation or structure, that (a) any swinging door that opens onto a stairway does so over a floor or landing that extends under the full swing of the door; and (b) the use of any double-action swinging door that does not permit persons approaching from one side of the door to be aware of persons on the other side is restricted to a single direction. Guard-rails 83 Any guard-rail that is required under these Regulations must (a) include (i) a horizontal rail, cable or chain positioned not less than 90 cm and not more than 1.1 m above the working surface, (ii) unless the guard-rail is located at the top of a fixed ladder, one or more additional horizontal rails, cables or chains positioned below the one Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 17 Structural Safety Sections 83-85 referred to in subparagraph (i) so that the distance between the working surface and the nearest rail, cable or chain or between any two adjacent rails, cables or chains does not exceed half the distance between the working surface and the rail, cable or chain referred to in subparagraph (i), and (iii) vertical supports spaced not more than 3 m apart at their centres; (b) be capable of withstanding the greater of (i) the maximum load that is likely to be imposed on it, and (ii) a static load of not less than 890 N applied in any direction at any point on the rail, cable or chain referred to in subparagraph (a)(i); and (c) be capable of withstanding the effects of fire. Wall and floor openings and open edges 84 Every employer must ensure that, in any area on a marine installation or structure under its control to which a person might have access, (a) every opening in a wall, partition or bulkhead that measures at least 75 cm high and 30 cm wide and from which there is a drop of more than 1.2 m, or that otherwise poses a hazard to any person, and every opening in a floor, platform or deck whose smallest dimension measures at least 30 cm is (i) protected by a guard-rail, or (ii) covered with material that is (A) securely fastened to a supporting structural member of the marine installation or structure, and (B) capable of withstanding all loads that are likely to be imposed on it; and (b) every other open edge from which there is a drop of more than 1.2 m, other than on a helicopter deck, is protected by a guard-rail. Open-top enclosures 85 (1) Every employer must ensure, at each workplace under its control, that, if an employee has access to the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 17 Structural Safety Sections 85-87 top of a bin, hopper, tank, vat, pit or similar enclosure with an opening at the top that is large enough for a person to fit through, (a) the enclosure’s opening is covered with a grating, screen or other covering; or (b) there is a walkway over or adjacent to the opening that is not less than 50 cm wide and is fitted with guard-rails. Support capability (2) The grating, screen, covering or walkway must be capable of supporting the greater of (a) the maximum load that is likely to be imposed on it, and (b) a live load of 6 kN. Access to inside (3) If an employee is required to access the inside of an open-top enclosure from its top, the employer must ensure, if feasible, that there is a fixed ladder on the inside wall of the enclosure that permits the employee to safely enter and exit. Structural openings 86 Every employer must ensure, before any opening is made in the structure of a marine installation or structure under its control, including in any floor or wall, that the locations of all pipes, cable and conduits in the area where the opening is to be made are clearly marked. PART 18 Equipment, Machines and Devices Requirements 87 (1) Every operator and employer must ensure, with respect to any equipment, machine or device that that operator or employer provides for use at a workplace, including any part of or accessory used with one of those things, that Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Section 87 (a) only a competent person installs, assembles, uses, handles, stores, adjusts, modifies, maintains, repairs, inspects, tests, cleans or dismantles it; (b) the activities referred to in paragraph (a) are carried out in accordance with its manufacturer’s instructions and, if they are carried out outdoors, having regard to existing environmental conditions; (c) the manufacturer’s instructions respecting its operation and maintenance are made readily available to any person carrying out an activity referred to in paragraph (a); (d) adequate space is provided around it to allow the activities referred to in paragraph (a) to be carried out safely; (e) it is subject to (i) a brief visual inspection before each use by the person using it, and (ii) a thorough safety inspection at least once each year if (A) its purpose is to preserve or protect life, (B) its use would, in the absence of any hazard control measures, pose a risk to the health or safety of persons at the workplace, or (C) it is subject to degradation over time that could affect its safety; (f) any person who maintains, repairs, modifies, tests or inspects it — other than by carrying out a brief visual inspection — makes and signs a record that clearly identifies the equipment, machine or device, describes the activity carried out and provides the person’s name, the date of the activity and, if applicable, the person’s observations regarding the safety of the equipment, machine or device; (g) no person uses it in a manner that may compromise the health or safety of a person at the workplace, including by (i) maintaining, repairing or cleaning any powered equipment, machine or device while it is operational, or (ii) operating any equipment, machine or device that is equipped with a guard while the guard is not in its proper position; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Section 87 (h) no person intentionally tampers or interferes with it such that the health and safety of any person at the workplace could be compromised, including, unless done in accordance with these Regulations, by impairing or rendering inoperative a safety device or system that is used with it. Records (2) The operator or employer that provides the equipment, machine or device must (a) retain the records referred to in paragraph (1)(f), as well as a record setting out the date that they acquired the equipment, machine or device, until the day that is five years after the day on which the equipment, machine or device is taken out of service at the workplace; and (b) ensure that those records are made readily available to any person who uses, inspects, tests, maintains, repairs or modifies the equipment, machine or device. Exception — maintenance, repair or cleaning (3) Despite subparagraph (1)(g)(i), a person is permitted to maintain, repair or clean a powered piece of equipment, machine or device while it is operational if (a) its continued operation is essential to the maintenance, repair or cleaning; and (b) if feasible, the energy source for any of its parts whose operation is not essential is controlled in accordance with Part 27 or those parts are equipped with guards. Exception — use without guard (4) Despite subparagraph (1)(g)(ii), a person is permitted to operate any equipment, machine or device without its guard in the proper position if necessary to (a) permit the release of any part of a person that is trapped in the equipment, machine or device; or (b) test, maintain, repair or clean the equipment, machine or device if (i) its energy source is, if feasible, controlled in accordance with Part 27, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Sections 87-91 (ii) the person who performs the work does not leave the equipment, machine or device until the guard has been replaced and verified to be functioning properly. Alternative procedures (5) Every employer must establish — and must instruct all employees to follow — procedures for minimizing the risk of injury if equipment, machines or devices at a workplace under the employer’s control must be maintained, repaired, cleaned or tested while operational and without a guard in place and it is not feasible to control their energy source as described in paragraph (3)(b) or subparagraph (4)(b)(i). Removal from service 88 Every employer must ensure that any equipment, machine or device at a workplace under its control that it has reason to doubt is safe for use is taken out of service and identified in a manner that ensures it is not inadvertently returned to service until a competent person determines it to be safe for use. Hair, clothing and accessories 89 Every employer must ensure that all persons at each workplace under its control not wear long hair, loose-fitting clothing, dangling accessories, jewellery or other similar items unless those items are tied, covered or otherwise secured as necessary to prevent them from coming into contact with equipment or machines or from otherwise presenting a risk to health or safety. Pedestrian passage 90 Every employer must ensure, at each workplace under its control, that a path for pedestrian use is clearly identified with floor markings or physical means through any area in which mobile equipment or other equipment that presents a risk of injury to persons passing through is being used. Standards 91 (1) Every employer must ensure, in respect of each workplace under its control, that (a) all equipment and machines conform to and are used in accordance with all applicable provisions of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Section 91 CSA Group standard Z432, Safeguarding of machinery; (b) the starting and stopping controls of all equipment and machines are located within easy reach of the person operating the equipment or machine; (c) all access doors on equipment or machines that expose moving parts when opened are, if feasible, equipped with interlocks that (i) prevent the access door from opening while the moving parts are in motion, or (ii) immediately disconnect the power from the driving mechanism when the door is opened, causing the moving parts to stop and preventing them from restarting until the door is closed; (d) all controls on equipment, machines and devices are (i) clearly marked with their functions in a manner and location that ensures the markings remain visible to the person operating the equipment, machine or device, and (ii) designed, positioned or shielded to prevent inadvertent activation; (e) all insulated equipment and devices are protected against damage to their insulating material; (f) all portable hand-held motor-operated electric tools conform to CSA Group standard C22.2 No. 60745, Hand-Held Motor-Operated Electric Tools – Safety, or CSA Group standard C22.2 No. 62841, Electric motor-operated hand-held tools, transportable tools and lawn and garden machinery – Safety, as applicable; (g) all powder-actuated fastening tools, fasteners and powder loads conform to and are used in accordance with ANSI/American Society of Safety Professionals (ASSP) standard A10.3, Safety Requirements for Powder-Actuated Fastening Systems, except with respect to the required eye protection, which must instead conform to paragraph 46(f); (h) all power presses conform to and are used in accordance with CSA Group standard Z142, Code for power press operation: Health, safety, and safeguarding requirements; (i) all electric tools that plug into an electrical receptacle are grounded, unless they (i) have a protective system of double insulation, or Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Section 91 (ii) are used in a location where reliable grounding cannot be obtained and are supplied from a doubleinsulated portable ground fault circuit interrupter of the class A type that conforms to CSA Group standard C22.2 No. 144, Ground Fault Circuit Interrupters, on a 125-volt or 15-, 20- or 30-ampere circuit; (j) all equipment, machines and devices that are a potential source of ignition are, if they are used in an area referred to in subsection 26(2), rated by their manufacturer as appropriate for use in such an area and used only with control measures in place to minimize the risk of fire or explosion; (k) all hoses that contain a substance under pressure and that are connected to equipment or to a machine or device are equipped with restraining devices as necessary to prevent the hoses’ hazardous movement, including in the event of accidental disconnection; (l) all abrasive blasting or high-pressure washing machines have operating controls that (i) are located near the nozzle, (ii) are hand-operated, and (iii) require continuous pressure by the person operating them to permit the flow of material; (m) all abrasive wheels are (i) inspected by a competent person and determined to be free from defects, cracks or other problems before being installed, (ii) mounted between flanges, (iii) used only on machines that are equipped with machine guards, including, in the case of a bench grinder, a wheel guard and a work rest or other device that, without making contact with the abrasive wheel, prevents the work piece from jamming between the abrasive wheel and the wheel guard, and (iv) used only on machines whose number of revolutions per minute does not exceed the maximum speed rating of the abrasive wheel; (n) all equipment and machines whose operation may cause the ejection of material that may pose a hazard to a person are, if feasible, equipped with a means of safely containing the material; (o) all equipment and machines that have exposed moving, electrically charged or hot parts or that Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Section 91 process, transport or handle material that constitutes a hazard are, if feasible, equipped with (i) a guard that is not readily removable without the use of tools and that physically prevents persons from coming into contact with the parts or material or from being exposed to the hazard they present, or (ii) if rendering the equipment or machine inoperative would minimize the hazard, a device that renders the equipment or machine inoperative if a person or their clothing comes into contact with or comes too close to a part of the equipment or machine that is likely to cause injury; (p) all wire rope in tension, other than on a crane or hoist, is protected by a guard, if feasible; and (q) if the workplace is a marine installation or structure, all temporary or portable heating equipment that is used in an enclosed area (i) provides complete combustion of the fuel used in it or is equipped with an exhaust system that discharges the products of combustion outside the enclosed area, and (ii) is used only while carbon monoxide levels in the enclosed area are being continuously monitored. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Sections 91-92 Alternative safeguards (2) If it is not feasible for equipment or a machine to be equipped as described in paragraph (1)(c), (n) or (o), or for wire rope in tension to be protected as described in paragraph (1)(p), the employer must ensure that another guard, safety device or awareness barrier is put in place to protect against the hazard. Fuelling 92 (1) Every employer must ensure that no equipment or machine at a workplace under its control is fuelled, and no fuel is transferred between containers, (a) in the following locations: (i) a place where the vapours from the fuel are not readily dissipated, or (ii) the hold of a vessel or any other enclosed space at the workplace; or (b) in the following circumstances: (i) subject to subparagraph (ii), while there is any source of ignition in the vicinity that presents a risk of fire or explosion, or (ii) in the case of equipment, while the equipment’s engine is running, unless it is designed to be fuelled in that manner. Exception (2) Despite subparagraph (1)(a)(ii), equipment may be fuelled in the hold of a vessel or another enclosed space if (a) an employee who has a suitable fire extinguisher ready for use is in the hold or space; (b) no one other than the employee referred to in paragraph (a) and those employees engaged in the fuelling are in the hold or space; (c) the fuelling is carried out by transferring fuel directly into the equipment’s fuel tank or, in the case of liquefied gas, by replacing spent cylinders; (d) no more fuel than is necessary to fill the equipment’s fuel tank — or, in the case of liquefied gas, no more than the number of cylinders in need of replacement — is taken into the hold or space; and (e) atmospheric gas levels in the hold or space are continuously monitored. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 18 Equipment, Machines and Devices Sections 92-94 Procedures (3) Every employer must develop procedures to be followed respecting the fuelling of equipment to protect the health and safety of employees. PART 19 Elevators and Personnel Lifts Standards 93 (1) Every employer must ensure that each elevator at a workplace under its control is designed, maintained, tested, inspected and used in accordance with ASME standard A17.1/CSA Group standard B44, Safety code for elevators and escalators, and that each personnel lift at a workplace under its control is designed, installed, maintained, tested, inspected and used in accordance with CSA Group standard CAN/CSA-B311, Safety Code for Manlifts. Inspection and testing (2) The employer must ensure that every elevator and personnel lift is inspected and tested (a) before the elevator or personnel lift is placed in or returned to service; (b) after any alteration to the elevator or personnel lift; and (c) at least once a year. Inspection validity (3) An inspection ceases to be valid one year after the day on which it is carried out. Record (4) The employer must ensure that the person who inspects an elevator or personnel lift includes in the record referred to in paragraph 87(1)(f) the date on which the inspection ceases to be valid. Elevator documentation 94 Every employer must ensure that a document is posted in each elevator at a workplace under its control that identifies the elevator and its location, indicates its capacity and sets out the date on which its most recent inspection ceases to be valid. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 20 Ladders, Stairs and Ramps Sections 95-99 PART 20 Ladders, Stairs and Ramps Application 95 This Part applies in respect of a workplace that is a marine installation or structure. Ship’s ladder 96 For the purposes of this Part, any reference to stairs includes a permanently installed structure, commonly known as a ship’s ladder, that has a steep pitch, rigid treads supported by rigid side rails and a handrail on each side. Requirement to install 97 If an employee in the course of routine work is required to move between levels that are more than 45 cm apart, the employer with control over the workplace must ensure that a fixed ladder, fixed stairs or a fixed ramp is installed between the levels. Stairs, ramps and fixed ladders 98 (1) Every employer must ensure that all stairs, ramps and fixed ladders that are installed at each workplace under its control, as well as all cages, landings and platforms used with the fixed ladders, are designed and maintained to support any load that is likely to be imposed on them and to safely accommodate all persons who are likely to use them and all equipment that is likely to pass over them. Hazard protection (2) If stairs, a ramp or a fixed ladder end in direct proximity to anything that would pose a risk of injury to a person were they to inadvertently come into contact with it, the employer must ensure that a barricade is installed to protect persons using the stairs, ramp or ladder from that hazard. Temporary stairs 99 Every employer must ensure that all temporary stairs installed at a workplace under its control are securely fastened in place and have (a) uniform steps in the same flight; (b) a slope of not more than 1.2 to 1; and (c) a hand rail not less than 90 cm and not more than 1.1 m above the stair level Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 20 Ladders, Stairs and Ramps Sections 99-101 (i) on at least one side, and on every open side, if the stairs are not more than 1.12 m wide, or (ii) on both sides, if the stairs are more than 1.12 m wide. Ramps 100 Every employer must ensure that every ramp installed at a workplace under its control is (a) securely fastened in place; (b) braced if necessary to ensure its stability; and (c) equipped with cleats or surfaced in a manner that provides a safe footing for users. Fixed ladders 101 (1) Every employer must ensure that any fixed ladder installed at a workplace under its control, other than one installed as part of a scaffold, (a) is installed with its underside angled not less than 75 degrees and not more than 90 degrees from the ground; (b) is securely held in place at the top and bottom and at intervals of not more than 3 m; (c) has rungs that are at least 15 cm from the wall, at uniformly spaced intervals of not more than 30 cm, and do not impede any employee from safely exiting the ladder onto a platform or landing; (d) has side rails that extend not less than 90 cm above each landing or platform; (e) is not coated with material that may hide flaws affecting its integrity; (f) if it is more than 6 m in length, is fitted, if feasible, with a protective cage for the portion of its length that is more than 2.5 m above its bottom; and (g) if it is more than 9 m in length, is equipped with landings or platforms, at intervals of no more than 6 m, that are (i) at least 0.36 m2 in area, and (ii) fitted at their outer edges with a guard-rail and toe board. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 20 Ladders, Stairs and Ramps Sections 101-102 Use (2) While ascending or descending a fixed ladder at a workplace, every employee must (a) face the ladder; (b) maintain a three-point contact with the ladder; and (c) carry any tools, equipment or materials in a pouch or holster or in another secure manner. Prohibition (3) An employee must not use a metal or wire-bound fixed ladder if there is a risk of it coming into contact with an energized electrical conductor or circuit part or with energized electrical equipment. Portable ladders 102 (1) Every employer must ensure that any portable ladder used at a workplace under its control (a) conforms to CSA Group standard Z11, Portable ladders; (b) has a minimum load rating of 113.4 kg; (c) if used, other than as part of a scaffold system, on a marine installation or structure that is used for the drilling for or production of petroleum products, is made of a non-combustible material; and (d) is not coated with material that may hide flaws affecting its integrity. Use (2) An employee who uses a portable ladder at a workplace must do so in accordance with CSA Group standard Z11, Portable ladders, and must ensure that, while the ladder is in use, (a) it is placed on a firm and stable footing and positioned so that it is not necessary to use the underside; (b) it is secured in such a manner that it cannot be dislodged accidentally from its position; and (c) unless it is a self-supporting ladder, the upper portion of its side rails rests on a bearing surface capable of safely withstanding the load imposed on it. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 20 Ladders, Stairs and Ramps Sections 102-104 Prohibitions (3) An employee must not (a) position a portable ladder in an elevator shaft or hoistway when that space is being used for hoisting; (b) position a portable ladder near moving equipment that is under a load; (c) use a portable ladder in a manner that may compromise its stability or the stability of any person on it; or (d) use a metal or wire-bound portable ladder if there is a risk of it coming into contact with an energized electrical conductor or circuit part or with energized electrical equipment. PART 21 Scaffolding and Platforms Definition of elevating work platform 103 In this Part, elevating work platform means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level by an articulating or telescoping boom or by a vertically oriented, telescoping or elevating mast. Use — general 104 (1) Every employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform at a workplace under the employer’s control unless (a) the employer has authorized its use; (b) the employee has been trained and instructed in its safe and proper use; and (c) it has been inspected and certified by a competent person as being fit for the use to which the employee intends to put it. Hazardous conditions (2) The employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform in environmental conditions that are likely to increase the risk to the health or safety of the employee unless its use in those conditions is necessary to remove a hazard or rescue a person. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 21 Scaffolding and Platforms Sections 104-106 Prevention of contact 105 The employer must ensure that, if there is a risk of a person or equipment coming into contact with a scaffold, suspended work platform or elevating work platform in a manner that would pose a hazard, a barricade is installed or, if that is not feasible, another means of preventing the contact is provided. Scaffolds 106 (1) Every employer must ensure, with respect to any scaffold used at a workplace under its control, that (a) its configuration at the workplace is designed by a competent person; (b) it is erected, used, inspected, dismantled and stored in accordance with CSA Group standard CAN/ CSA-Z797, Code of practice for access scaffold; (c) if used to support a temporary floor or subjected to loads that could cause it to overturn, it is erected and used in accordance with written instructions approved by a professional engineer; (d) either it is capable of supporting at least four times the load that is likely to be imposed on it or it has been approved by a professional engineer and consists of components that have been manufactured in accordance with a quality management system; (e) its footings and supports are capable of supporting all static and dynamic loads that are likely to be imposed on them; (f) to the extent feasible, it uses only manufactured platforms; (g) its platforms or planks are adequately secured and installed in a manner that avoids gaps and overlapping; (h) all of its wooden components are treated with a transparent fire retardant coating and are stored and maintained so that their integrity and fire retardant properties are preserved; (i) all of its components are compatible with each other; (j) if it is a continuous run scaffold or a double-pole tube and coupler scaffold, it has internal horizontal cross-bracing installed in the bay immediately Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 21 Scaffolding and Platforms Sections 106-108 adjacent to and at the level of a building tie, unless equivalent bracing is achieved using manufactured scaffold planks secured by end hooks to provide a fully decked work platform at that level; and (k) any vertical ladder more than 9 m in length that is used with it has a landing or platform at least every 6 m. Ladder jack scaffold (2) Every employer must ensure that no ladder jack scaffold is used at a workplace under its control. Elevating work platforms 107 Every employer must ensure, with respect to any elevating work platform at a workplace under its control, that (a) its rated capacity is marked on it in a location that is clearly visible to any person using it; (b) it is equipped with controls of a continuous pressure type that return to the neutral or stop position when released; (c) it is equipped with an emergency stop device that is red in colour and located within easy reach of the person operating it; (d) if its lifting mechanism creates a shear hazard to employees, that mechanism is adequately guarded or identified with signs, decals or similar markings warning of the hazard; and (e) if it is self-propelled or mobile, it is used only with the approval of the Chief Safety Officer. PART 22 Fall Protection and Rope Access Risk of falling 108 The risk of a person falling from any of the following locations is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act: (a) 3 m or more above the nearest safe surface or above water; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Sections 108-109 (b) any distance above a surface or thing that could cause injury or illness to the person; or (c) a portable ladder, if (i) there are high wind or wave conditions, (ii) the person is performing a task that does not permit them to maintain their centre of gravity between the ladder’s side rails, (iii) the person is performing a task that is not a light duty task, or (iv) the person is performing a task for more than a short duration at any one location. Means of protection 109 (1) Every employer must ensure that whichever of the following means of fall protection is most appropriate in the circumstances is provided whenever a person at a workplace under its control is in a location referred to in section 108: (a) a guard-rail; (b) temporary flooring; (c) a travel restraint system that conforms to and has been selected in accordance with — and every component of which conforms to and has been selected in accordance with — all applicable CSA Group standards in the Z259 series; (d) a fall-arrest system that conforms to and has been selected in accordance with — and every component of which conforms to and has been selected in accordance with — all applicable CSA Group standards in the Z259 series; or (e) a safety net that, unless it is to be used in or around the helicopter landing deck area of a marine installation or structure, conforms to ANSI/American Society of Safety Professionals (ASSP) standard A10.11, Safety Requirements for Personnel Nets and has been installed, inspected and tested in accordance with that standard. Occupational health and safety program (2) Every occupational health and safety program must Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Section 109 (a) set out factors, including efficacy and feasibility, to be considered by the employer in determining the most appropriate means of fall protection for the purpose of subsection (1); (b) address the assembly, maintenance, inspection, use and disassembly, as the case may be, of all means of fall protection provided and their components, including by establishing a schedule for their inspection; and (c) if fall-arrest systems are to be provided at the workplace, address the risks associated with the potential for swing as a result of anchorage placement when a fall-arrest system is being used. Fall-arrest system required (3) Despite subsection (1) and paragraph (2)(a), the employer must ensure that a fall-arrest system described in paragraph (1)(d) is provided to every person (a) who is on a fixed ladder more than 6 m in length; (b) who is on an elevating work platform, as defined in section 103; or (c) who uses a work-positioning system. Use (4) The employer must ensure that any means of protection referred to in paragraphs (1)(c) to (e) that it provides is used in accordance with the standards referred to in those paragraphs and, in the case of a fall-arrest system provided to a person referred to in paragraph (3)(b), is secured to an anchorage point that is approved by the platform’s manufacturer or a professional engineer. Safety net (5) The employer must ensure that any safety net provided (a) is positioned as close as feasible to, and in any case no further than 4.6 m below, the area from which there is a risk of a fall; (b) extends at least 2.4 m beyond that area on all sides or, if the area is a gangway, at least 1.8 m beyond both sides; (c) is positioned and maintained so that its maximum deflection does not permit any portion of a person who falls into it to come into contact with any other surface; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Sections 109-110 (d) is kept free of debris, obstructions or intervening objects that could be struck by a person falling into it; and (e) is, if connected to another safety net, connected using splice joints that are at least as strong as the weakest of the nets. Components (6) The employer must ensure that (a) all anchorages used in a means of fall protection are capable of withstanding the following forces in any direction in which the force may be applied: (i) 22 kN, in the case of non-engineered anchorages, and (ii) twice the maximum arresting force anticipated, in the case of engineered anchorages; (b) any self-retracting device used in a means of fall protection is (i) anchored above the user’s head, unless the manufacturer’s instructions allow for a different anchorage location, and (ii) used in a manner that (A) minimizes the hazards of swinging, and (B) limits the distance that a user who fell would drop to less than 1.2 m; and (c) any lanyard used in a fall-arrest system is equipped with an energy absorber, unless (i) the lifeline used is self-retracting, or (ii) the fall-arrest system is designed by a competent person to (A) limit the free fall to less than 1.2 m and the arresting force to less than 4 kN, and (B) prevent the user from coming into contact with any unsafe surface. Rope access 110 (1) Despite subsections 109(1), (3) and (4), every employer must ensure that any rope access carried out at Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Section 110 a workplace under its control, or by any of its employees at a workplace not under its control, conforms, subject to subsection (3), to the IRATA International code of practice for industrial rope access, published by the Industrial Rope Access Trade Association. Interpretation of code (2) For the purpose of subsection (1), all recommendations in the code are mandatory, unless compliance with the measure is not feasible, in which case the employer must demonstrate to the Chief Safety Officer, before any non-conforming rope access is carried out, that other controls are in place to mitigate or eliminate the risk that the measure is intended to address. Alternative standards (3) A requirement in the code to conform to a standard in respect of equipment is satisfied by instead conforming, as applicable, to (a) CSA Group standard Z259.1, Body belts and saddles for work positioning and travel restraint; (b) CSA Group standard Z259.10, Full body harnesses; (c) CSA Group standard Z259.11, Personal energy absorbers and lanyards; (d) CSA Group standard Z259.12, Connecting components for personal fall-arrest systems (PFAS); (e) European Committee for Standardization (CEN) standard EN 567, Mountaineering equipment – Rope clamps – Safety requirements and test methods; or (f) European Committee for Standardization (CEN) standard EN 353-2, Personal protective equipment against falls from a height – Part 2: Guided type fall arresters including a flexible anchor line. Headwear (4) The personal protective equipment that every employer is required to provide to any of its employees, and to any other individual at a workplace under its control, who is engaged in rope access includes headwear that conforms to Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Sections 110-112 (a) CSA Group standard Z94.1, Industrial protective headwear – Performance, selection, care, and use; (b) ANSI/International Safety Equipment Association (ISEA) standard Z89.1, American National Standard for Industrial Head Protection; or (c) European Committee for Standardization (CEN) standard EN 12492, Mountaineering equipment – Helmets for mountaineers – Safety requirements and test methods. Definition of rope access (5) In this section, rope access means the use of ropes, in combination with other devices, to get to or from a work area or to maintain one’s position in a work area. Work permit 111 A work permit is required for any activity at a workplace that requires the use of a fall-arrest system or travel restraint system. Instruction and training 112 (1) The instruction and training that every employer must provide to its employees and other individuals at a workplace under its control who are involved in activities requiring the use of a fall-arrest system or travel restraint system includes (a) an overview of the provisions of all applicable health and safety legislation and standards that relate to fall protection, including those relating to the roles and responsibilities of workplace parties; (b) training on the identification of fall hazards; (c) an overview of the hierarchy of controls that may be used to minimize the risk of falling and of injury from a fall; (d) training on the different means of fall protection and the most suitable application of each; (e) instruction on selecting all relevant components of the fall-arrest system or travel restraint system, including connecting hardware; (f) instruction on assessing and selecting specific anchors for use with the fall-arrest system or travel restraint system; (g) training on the effects on the human body of a fall — including free fall and swing fall — and fall-arrest, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 22 Fall Protection and Rope Access Sections 112-113 which must address maximum arresting force and the purpose of energy absorbers; (h) instruction and training on the use, storage, maintenance and inspection — including pre-use inspection — of fall-arrest systems, travel restraint systems and their components, including practice in inspecting, fitting, adjusting and connecting the systems and components; and (i) instruction and training on emergency response procedures to be used if a fall occurs, including practice in carrying them out. Timing (2) The instruction and training must be provided (a) before the work that requires the use of the fall-arrest system or travel restraint system begins; and (b) at least once every three years. PART 23 Falling Objects Risk of injury 113 (1) The risk of injury from falling objects and material at the workplace, whether they are falling over or from a height, is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act. Toe board or panel (2) Subject to subsection (3), every employer must ensure, at each workplace under its control, that wherever there is a risk of objects or material falling from a raised work area onto a person below, a toe board or other solid or mesh panel that extends from the floor of the raised area to a sufficient height to prevent the objects or material from falling from the raised area is installed. Alternative measures (3) If the installation of a toe board or panel is not feasible, the employer must ensure that (a) the objects or material are fastened to something in a manner that would, if they were to fall, prevent them from reaching a person below; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 23 Falling Objects Sections 113-115 (b) a safety net is positioned below the raised area to catch the objects or material; or (c) the area below and adjacent to the raised area is barricaded so that no person may enter it while work is underway. PART 24 Materials Handling Definitions 114 The following definitions apply in this Part. personnel transfer means the transfer by crane of persons between a vessel and marine installation or structure, between vessels or between marine installations or structures. (transfert du personnel) signaller means a person who directs, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur) Lifting risks 115 (1) The risks associated with the use of materials handling equipment, including to lift persons or things, are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace at which materials handling equipment is to be used for lifting must (a) identify the types of lifts that are expected to be performed at the workplace; (b) set out criteria for classifying lifts by risk level, including criteria relating to the type of lift, its complexity, its physical elements, the expertise of those involved in carrying it out and the environmental conditions in which it is carried out; (c) set out procedures for the preparation and performance of lifts by type and risk level, including (i) communication requirements among all persons involved in the lifts, (ii) in the case of lifts of persons, the required use of personal protective equipment by the person being lifted, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 115-118 (iii) in the case of lifts of persons over the water, the availability of fast rescue boats; (d) identify any operational limits on lifting operations and any environmental conditions, such as wind, sea state and temperature, that may affect those operations, including by reducing the load that the materials handling equipment is able to safely handle or support; (e) set out procedures for the maintenance, inspection, testing, repair and replacement of lifting equipment, fixed pad eyes and loose lifting gear; and (f) set out procedures for communicating the provisions of the program that relate to lifting operations to all persons who are involved in carrying them out and all other persons in the vicinity who may be affected by them. Personnel transfer risk (2) For the purpose of paragraph (1)(b), a personnel transfer must not be classified as a low risk lift. Work permit 116 A work permit is required for all lifts carried out at a workplace using materials handling equipment, except those classified under the occupational health and safety program as low risk. Prohibitions 117 It is prohibited for (a) any employee to use or attempt to use materials handling equipment at a workplace if they have reason to doubt they can do so safely; or (b) any signaller to direct any movement of materials handling equipment that would pose a risk to the health or safety of any person. Hazardous conditions 118 The employer must ensure that no person uses materials handling equipment at a workplace under its control in conditions in which that use presents a risk to the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 118-121 health or safety of any person unless necessary to prevent a greater risk to the health or safety of any person. Manual handling 119 Every employer must ensure that, if the manual handling of any thing may be hazardous to the health or safety of an employee, including because of its weight, size, shape or toxicity, that thing is, to the extent feasible, handled only using materials handling equipment. Rated capacity 120 (1) Every employer must ensure that a competent person who is independent of the operator and employer inspects and proof tests all materials handling equipment that is to be used at a workplace under the employer’s control if (a) the equipment is to be used at the workplace for the first time; (b) repairs or modifications have been made to the equipment’s load-carrying components; (c) the equipment has been in contact with an electric arc or current; or (d) there is any other reason to doubt that the rated capacity of the equipment that was most recently certified under subsection (2) or the limitations that were most recently indicated under that subsection continue to be accurate, including as a result of damage sustained by the equipment or modifications made to it. Certification (2) The employer must ensure that the competent person, on the basis of the inspection and proof test, certifies in writing the rated capacity of the equipment and indicates in writing any limitations that must be imposed on its use having regard to environmental conditions. Materials handling equipment 121 (1) Every employer must ensure, with respect to all materials handling equipment used at a workplace under its control, that (a) the equipment is, to the extent feasible, (i) designed and constructed to prevent the failure of any of its parts, and (ii) equipped with safety devices that will ensure that any such failure does not result in a loss of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 121 control of the equipment or its load or in any other hazardous situation; (b) the equipment is marked in a manner that identifies its manufacturer and model; (c) the equipment’s rated capacity — or, in the case of equipment that can be operated in a range of positions or configurations, the greatest of its rated capacities — is clearly marked on a permanent part of it, in a position where the mark can be easily read; (d) if the equipment can be operated in a range of positions or configurations, a chart indicating the rated capacities across that range is posted within view of the person operating it; (e) the equipment’s use in existing environmental conditions, including wind, sea state and temperature, is continually assessed by the person operating it, having regard to the limitations indicated under subsection 120(2), to determine whether those conditions have reduced the load that the equipment is able to safely handle or support to below its rated capacity and, if so, the extent to which the load has been reduced; (f) the equipment is operated in accordance with its rated capacity or, if applicable, its reduced capacity as determined under paragraph (e); (g) any braking, steering and other control systems with which the equipment is equipped can safely control and stop the load’s movement; (h) if the equipment is used for lifting, moving or positioning persons, it is equipped with at least two independent braking systems and a fail-safe control system; (i) if the equipment is used for lifting, moving or positioning persons, it has — before its first use and after any repair or modification — been certified by a competent person who is independent of the operator and employer as being safe for that use, including in conjunction with any other equipment or device with which it is used; (j) if the equipment is powered, it is equipped with (i) an audible signalling device within easy reach of the person operating the equipment, and (ii) an emergency stopping device that, when engaged, will immediately shut down and isolate the equipment and that is within easy reach of the person operating it as well as at any other location Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 121 from which it is reasonably foreseeable that a person may need to stop the equipment; (k) if operation of the equipment could result in a fire, it is equipped, in a location that is readily accessible to the person operating it, with firefighting equipment that is appropriate to all fire hazards that may arise; (l) the equipment is designed and constructed, to the extent feasible, so that any vibration, jolting or other uneven movement of it will not cause injury to any person or impair the ability of the person operating the equipment to control it; (m) any glass in the equipment’s doors, windows and other parts is of a type that will not shatter into dangerous pieces on impact; (n) if the equipment is regularly used outdoors and has an operator’s compartment or position that would expose the person operating it to an environmental condition that could be hazardous to their health or safety, the compartment or position is fitted with a roof or other structure that will protect the person from the environmental condition and is constructed from non-combustible or fire-resistant material; (o) any hook with which the equipment is used or equipped has (i) if it is used for lifting persons, a spring-loaded latch that is locked and pinned in the closed position before use to prevent the connecting shackle from dislodging from the hook, or (ii) in any other case, a spring-loaded latch or other equally effective means of preventing the load from falling off the hook; (p) any self-locking eye hooks with triggers with which the equipment is used or equipped are designed to prevent the trigger from being accidentally activated; (q) if there is a risk that the person operating the equipment or a person being lifted, moved or positioned by it could be struck by an intruding, falling or flying object or a shifting load, it is equipped, if feasible, with a structure that is constructed from noncombustible or fire-resistant material and that will, under all foreseeable conditions, protect the person from that risk; (r) any place on the equipment to which an employee requires regular access, including any operator’s compartment or position, is equipped with a safe means of access and egress that Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 121 (i) does not require the employee to jump, (ii) would permit the emergency evacuation and rescue of the employee, and (iii) can accommodate the employee’s body dimensions while they are wearing personal protective equipment; (s) any item used in any operator’s compartment or at any operator’s position on the equipment provides an adequate range of adjustability to accommodate the person using it; (t) the placement and design of any displays and controls on the equipment do not hinder or prevent the person operating the equipment from doing so safely; (u) any pendant control with which the equipment is equipped is not hung or supported solely by its electrical wiring; (v) any wire rope drum or sheave with which the equipment is equipped has a spooling device or other device to maintain the wire rope in the groove; (w) all loads handled by the equipment are secured as necessary to prevent them from sliding or falling in a manner that would present a risk to the health or safety of any person; (x) if the equipment is operated remotely, it is operated at a safe distance from the load being lifted; (y) all tools, tool boxes, spare parts or other items carried on the equipment are securely stored; (z) the equipment is not left unattended unless adequate measures have been taken to prevent it from moving; (z.1) if the person operating the equipment does not have a clear and unobstructed view of the load and the area in which it is being operated, including the area through which the load is being moved, that person is directed by a competent person designated by the employer as a signaller who (i) is clearly recognizable as a signaller, (ii) has a continuous view of the person operating the equipment and remains in that person’s line of sight, (iii) has a clear and unobstructed view of the load and the area in which the equipment is being operated, including the area through which the load is Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 121 being moved, or, if that is not feasible, a continuous view of another signaller who has a clear and unobstructed view of, as the case may be, the load or the portions of the area that are not within the first signaller’s view, and (iv) has no duties other than signalling while the equipment under their direction is in motion; (z.2) any fuel tank, compressed gas cylinder or similar container containing a hazardous substance mounted on the equipment is (i) located or protected so that it is not hazardous to the health or safety of any employee who operates or rides on the equipment, (ii) connected to fuel overflow and vent pipes that are located to ensure that fuel spills and vapours (A) cannot be ignited by hot exhaust pipes or other hot or sparking parts, and (B) are not hazardous to the health or safety of any employee who operates or rides on the equipment, and (iii) marked on its caps or covers as to its contents; and (z.3) the equipment is not used in an area in which it may come into contact with an electrical cable, pipe or other supply line, structure or other thing that could, if struck, constitute a hazard to the health or safety of persons unless the person operating the equipment and, if applicable, the signaller have been informed of (i) the hazard and its location, and (ii) the distance that must be maintained to avoid accidental contact with the thing that constitutes the hazard. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 121-122 Exception to rated or reduced capacity (2) Despite paragraph (1)(f), the materials handling equipment may be used to handle a load in excess of its rated capacity or reduced capacity for the purposes of testing and inspection. Protection against contact (3) If the employer is unable to determine with reasonable certainty the location of the hazard referred to in paragraph (1)(z.3) or the distance referred to in subparagraph (1)(z.3)(ii), or if it is necessary for the materials handling equipment to be used in closer proximity than that distance, the materials handling equipment may be used in the area only if (a) every electrical cable with which there is a risk of coming into contact is de-energized; (b) every pipe or other supply line containing a hazardous substance with which there is a risk of coming into contact has been shut down and drained; and (c) every other thing that could, if struck, pose a hazard is protected against impact from the equipment. Cranes and hoists 122 (1) Every employer must ensure, with respect to each lift by a crane or hoist that is carried out at a workplace under its control, that (a) a competent person inspects the load before the lift to ensure that it is adequately secured by means of appropriate loose lifting gear; (b) tag lines or similar devices are used to control the load’s swing unless their use poses a hazard to the safety of any person; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 122 (c) the person operating the crane or hoist does not leave the load suspended from the equipment while they are not at the controls; (d) the load is safely landed and stabilized before being detached; and (e) only persons who are essential to the conduct, supervision or safety of the lift are, while it is in progress, in the area in which it is being carried out. Area marked and secured (2) For the purpose of paragraph (1)(e), the employer must ensure that all approaches to the area in which the lift is being carried out are posted with universally recognized warning signs prohibiting access by unauthorized persons and are secured to prevent inadvertent access. Presence of non-essential persons (3) A person who operates a crane or hoist must not start a lift if a non-essential person is in the area in which the lift is being carried out. If such a person enters that area while a lift is in progress, the person operating the crane or hoist must immediately take measures to mitigate the risk to all persons, discontinue the lift as soon as it is safe to do so and not resume the lift until the area is cleared of non-essential persons. Crane near helicopter deck (4) Every employer must ensure that, when a helicopter is landing or taking off, any crane at a workplace under its control that could pose a physical or visual hazard to the helicopter or its crew remains stationary and, if feasible, has its boom stowed. Offshore pedestal crane (5) Every employer must ensure that every offshore pedestal crane used at a workplace under its control (a) is equipped with (i) appropriate travel limiting devices for its boom, hoist, blocks and slewing mechanism, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 122-123 (ii) a device for measuring and indicating the weight of its load, (iii) a device for measuring and indicating its boom extension or load radius, if its rated capacity varies on that basis, (iv) a device for accessing anemometer readings, if the load that it is able to safely handle or support is susceptible to being reduced by wind, and (v) a gross overload protection system, if it is used to move persons or things to or from a supply vessel; and (b) has posted conspicuously and, if feasible, inside the crane control cab, the location of all approved laydown areas and restricted areas, the limitations indicated under subsection 120(2) and the chart referred to in paragraph 121(1)(d). Manually operated hoist (6) Every employer must ensure, with respect to any manually operated hoist used at a workplace under its control, that (a) it is equipped with a mechanism to hold the load at the desired height; and (b) if it is equipped with a crank handle and not equipped with automatic load brakes, (i) it is equipped with a means of preventing the crank handle from slipping off the crank shaft while in use, and (ii) no load is lowered on it unless the crank handle has been removed from the shaft or the hoist has otherwise been designed to eliminate the risk of a person being struck by the handle. Wire rope clips 123 Every employer must ensure that any wire rope clips used at a workplace under its control are (a) of sufficient strength to withstand the full weight that the wire rope with which they are used is capable of supporting; and (b) made from a material that is suitable for the environmental conditions to which they are exposed. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 124 Mobile equipment 124 (1) Every employer must ensure, with respect to all mobile equipment that is used at a workplace under its control, that (a) it is equipped with seat belts, a rear-view mirror and operating and warning lights; (b) it is used only in areas in which the overhead and side clearances are sufficient to permit the equipment and its load to be manoeuvred safely; (c) while it is in motion, (i) no person gets on or off it except in the case of an emergency, and (ii) nothing is picked up from or placed on it unless expressly permitted by the manufacturer’s instructions; and (d) any load that is transported by it while raised or suspended is carried as close to the floor as feasible and, in any case, not in a manner that renders the equipment unstable. Blind corners (2) The employer must ensure that mirrors are installed at all blind corners that may be taken by mobile equipment to permit the person operating that equipment to see any approaching person or equipment. Guards (3) If mobile equipment is used on the deck of a marine installation or structure or on an elevated area, the employer must ensure that guards sufficient to prevent the equipment from falling over the edge are installed at the edge of the deck or area. Forklift load (4) The employer must ensure that (a) any unitized load that is transported on a forklift projects a distance no greater than half the height of the load above the top of the fork carriage, back rest or back rest extension of the forklift; and (b) no part of a load that is transported on a forklift and consists of loose objects projects above the top of the fork carriage, back rest or back rest extension of the forklift. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 124-126 Additional standards 125 (1) Every employer must ensure, at each workplace under its control, that (a) the design, use, maintenance, inspection and testing of overhead, jib and gantry cranes, monorails and hoists conform to CSA Group standard B167, Overhead cranes, gantry cranes, monorails, hoists, and jib cranes; (b) the design, construction, installation, use, maintenance and inspection of conveyors, cableways or other similar materials handling equipment conform to ASME standard B20.1, Safety Standard for Conveyors and Related Equipment; and (c) the design, construction, use, maintenance and inspection of forklifts conform to CSA Group standard B335, Safety standard for lift trucks. Loose lifting gear (2) Every employer must ensure that the construction, use, maintenance, inspection and testing of all loose lifting gear used at a workplace under its control conforms to the following standards, as applicable: (a) ASME standard B30.9, Slings; (b) ASME standard B30.10, Hooks; (c) ASME standard B30.20, Below-the-Hook Lifting Devices; and (d) ASME standard B30.26, Rigging Hardware. Personnel transfer 126 (1) Every employer must ensure, with respect to every personnel transfer at, to or from a workplace under its control, that (a) the loading and landing areas are clear of all obstacles; (b) the personnel transfer device is raised and lowered, to the extent feasible, over water; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Section 126 (c) there is continuous communication between both points of transfer; (d) a fast rescue boat and crew are available nearby and prepared to launch if needed; (e) each person assigned to plan, manage, participate in or supervise the personnel transfer has been trained or instructed on the procedures applicable to their role in the transfer, including with respect to the use of any equipment; (f) the personnel transfer device is (i) non-collapsible, (ii) made of corrosion-resistant material suitable for use in the environmental conditions in which it is used, (iii) designed to be buoyant, (iv) designed to protect the persons being transferred in it from falling and landing impact, (v) designed to allow persons to ride securely inside of it, either standing or seated, (vi) large enough to accommodate a person on a medical stretcher and one other person, and (vii) used only for carriage of persons and, if designed for that purpose, their personal baggage; and (g) the safety devices referred to in subparagraph 121(1)(a)(ii) with which the crane used to carry out the transfer is equipped include a retention device installed from above the load block to the upper master link of the sling assembly. Availability of personnel transfer devices (2) Every employer must ensure that at least two personnel transfer devices that meet the requirements set out in paragraph (1)(f) are available at all times at each workplace under its control that is a marine installation or structure used for drilling or production or as a living accommodation. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 126-127 Personal protective equipment (3) The personal protective equipment that every employer must provide to a person who is being transferred by personnel transfer includes either a helicopter passenger transportation suit system that conforms to the Airworthiness Manual published by the Department of Transport or a properly fitted immersion suit that conforms to paragraph 46(b). Signalling 127 (1) Every employer must ensure, before any materials handling equipment is used at a workplace under its control, that (a) all persons at the workplace know the hand signal for “emergency stop”; and (b) if the equipment is to be used in circumstances that will require the use of a signaller, (i) a code of hand signals is established, and (ii) every signaller and every person operating the equipment is instructed in the use of that code. Emergency stop signal (2) Every person who operates materials handling equipment at a workplace must obey the signal for “emergency stop” given by any person. Other means of communication (3) If it is not feasible for a signaller to use hand signals to communicate to a person operating materials handling equipment, including due to the distance between them, the employer must ensure that (a) the signaller and the person operating the equipment are provided with a primary and backup telephone, radio or other device that provides the signaller with a continuous means of communicating with the person operating the equipment while the equipment is in use; (b) any radio codes used by the signaller to communicate with the person operating the equipment are included in the code referred to in paragraph (1)(b); and (c) if the signalling is to be done by means of a twoway radio system, it is operated on a dedicated radio channel. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 24 Materials Handling Sections 127-129 Copy of code (4) The employer must ensure that a copy of the code referred to in paragraph (1)(b) is kept readily available for examination by all persons at the workplace. Signaller not understood (5) Any person who does not understand a direction given to them by a signaller must consider it to be a direction to stop. Inspection 128 (1) The competent person who carries out the thorough safety inspection referred to in subparagraph 87(1)(e)(ii) in respect of materials handling equipment must be independent of the operator and the employer. Increased frequency (2) Every employer must ensure, despite subparagraph 87(1)(e)(ii), that (a) the thorough safety inspection referred to in that subparagraph is also carried out in respect of materials handling equipment (i) before the equipment is used at the workplace for the first time, (ii) before it is returned to service after repairs or modifications have been made to its load carrying components, and (iii) before it is returned to service after being in contact with an electric arc or current; and (b) all loose lifting gear, personnel transfer devices and safety devices that are used in conjunction with personnel transfer devices are subject to the thorough safety inspection referred to in that subparagraph at least once every six months. Identification system (3) The employer must implement, at every workplace under its control, a system that facilitates the identification of materials handling equipment that is due for inspection. Instruction and training 129 The instruction and training that every employer must provide to an employee who uses materials handling equipment in the course of their work includes instruction and training on the effects of environmental conditions on the equipment’s safe and proper use. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 130-131 PART 25 Confined Spaces Evaluation 130 (1) The risks to which a person in a confined space is exposed are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every employer must ensure that, before any work begins at a workplace under its control, a competent person evaluates the workplace and makes a record of all confined spaces in it. Re-evaluation (2) The employer must ensure that each workplace is reevaluated by a competent person at least once every three years, as well as on the creation or elimination of a confined space, and that the competent person records any changes in respect of the confined spaces at the workplace from the last evaluation. Identification (3) Every employer must ensure that each confined space at a workplace under its control, other than a confined space that has been made inaccessible with bolted blind flanges, is visibly identified at each point of access as (a) being a confined space; (b) being a space to which access is restricted to authorized persons; and (c) containing a danger. Occupational health and safety program 131 Every occupational health and safety program must, with respect to the various confined spaces at the workplace and the types of work that could be carried out in them, (a) identify the personal protective equipment that is to be used or worn by employees in the confined space; (b) set out measures to be taken to prevent the entanglement of lifelines and other equipment used by employees in the confined space; (c) identify the atmospheric hazards that may be present in the confined space and the equipment to be used for atmospheric testing and monitoring in the confined space; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 131-132 (d) address the calibration and testing of the equipment referred to in paragraph (c) and the appropriate frequency of atmospheric testing; (e) set out a plan for responding to emergencies in the confined space that, among other things, (i) identifies the situations that would trigger emergency response procedures, (ii) identifies the equipment, including personal protective equipment, to be used or worn in carrying out those procedures, (iii) sets out procedures for ensuring the immediate evacuation of the confined space when an alarm is activated or if there is any potentially hazardous change in the atmospheric concentration of a hazardous substance, oxygen or another flammable, explosive or combustible substance, and (iv) sets out procedures for retrieving persons from the confined space, including alternate procedures that will ensure they can be retrieved safely if an obstruction or other condition makes the use of certain retrieval procedures or equipment unsafe for them or for those carrying out the retrieval; (f) identify the means by which persons inside and outside the confined space are to communicate among themselves, including in an emergency; (g) identify all resources necessary for ensuring the health and safety of employees in the confined space, including by setting out the manner of determining the number of attendants whose presence is necessary at the confined space; (h) set out the manner in which persons designated under paragraph 133(1)(i) are to be notified of the time and location at which their assistance might be required; and (i) provide for the regular conduct of emergency response drills and exercises. Work permit 132 (1) A work permit is required for any occupation of a confined space at a workplace. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 132-133 Additional contents (2) In addition to the information that is required to be set out in a work permit under subsection 53(1), the following information must be included in a work permit for the occupation of a confined space: (a) the method of entering and exiting the confined space; (b) the escape route from the confined space, which, if persons are required to use a self-contained breathing apparatus or airline respirator, must allow for escape before the air supply is expected to be exhausted; and (c) a record of all persons signing in and out of the confined space. Validity (3) A work permit for the occupation of a confined space ceases to be valid 12 hours after the most recent testing conducted under subsection 134(2). Posting and updating (4) The employer must ensure that a copy of the work permit is posted at every entrance to the confined space for the duration of its occupation and is updated as new information referred to in paragraph (2)(c) or paragraph 53(1)(i) becomes available. Entry and occupation requirements 133 (1) Every employer must ensure that no person enters or remains in a confined space at a workplace under its control unless (a) the person is knowledgeable about the provisions of the occupational health and safety program that pertain to confined spaces; (b) the person is wearing a full body harness to facilitate their retrieval or, if wearing the harness would pose a greater risk to them than not wearing one, measures are in place to ensure that the person can be retrieved safely in accordance with the alternate procedures referred to in subparagraph 131(e)(iv); (c) the opening to be used for entry into and exit from the confined space is sufficiently large to allow safe passage of persons wearing personal protective equipment; (d) any mechanical and electrical equipment that is in the confined space but not required to carry out any work there is Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Section 133 (i) disconnected from its energy source, and (ii) isolated, locked out and tagged in accordance with Part 27; (e) all sources of ignition are eliminated, if a flammable, explosive or combustible substance is present in the confined space; (f) any liquid in which a person may drown or freeflowing solid in which a person may become entrapped has been removed from the confined space; (g) engineering controls are in place to prevent any inadvertent discharge from any source, including a pipe or other supply line, that may be hazardous to the health or safety of any person in the confined space; (h) measures have been taken to ensure that, if an atmospheric hazard arises while the confined space is occupied, the confined space will be continuously ventilated; (i) persons have been designated to respond to any emergency that may arise in the confined space and have been notified of the time and location at which their assistance may be required; (j) sufficient equipment referred to in paragraph 131(a) and subparagraph 131(e)(ii) is provided as close as feasible to the entrance to the confined space for use by the persons referred to in paragraph (i); and (k) a drill has been completed simulating an emergency rescue from the confined space. Isolation of piping (2) The engineering controls referred to in paragraph (1)(g) must, with respect to a pipe containing a hazardous substance or a substance under pressure or at a high temperature, consist of a blank or blind in conjunction with valves or other blocking seals that are secured in the closed position — using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force — to prevent the substance from reaching the blank or blind. The employer must ensure that the pipe is clearly marked to indicate the location of the blank or blind and that the valves or seals are clearly marked as being closed. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 133-134 Unauthorized entry (3) The employer must ensure that adequate barriers are erected to prevent unauthorized entry to the confined space. Sign in and out (4) Every employer must ensure that every person entering and exiting a confined space signs in and out. Atmosphere 134 (1) Every employer must ensure, if feasible, in respect of every occupied confined space at a workplace under its control — and every area whose atmosphere may be affected by, or may affect, the atmosphere in an occupied confined space — that (a) no person’s exposure to a hazardous substance in the atmosphere exceeds the threshold limit value for that substance, as adjusted if necessary to reflect the length of time the person is in the confined space or area, or the biological exposure index for that substance, without regard to any protection that may be afforded to the person through the use of personal protective equipment; (b) the concentration of oxygen in the atmosphere is not less than 19.5% and not more than 22.5%; and (c) the concentration of any other flammable, explosive or combustible substance in the atmosphere is less than 10% of its lower explosive limit. Testing (2) The employer must ensure that a competent person conducts atmospheric testing, and records the results, at times and frequencies appropriate to the hazards in the atmosphere, including (a) before each time the confined space becomes occupied, unless the atmosphere in the space was, while the space was unoccupied, continuously monitored for any accumulation of contaminants that could pose an immediate threat to life or that could interfere with a person’s ability to escape unaided from the space and that monitoring shows no irregularities; (b) after any change in the work or to the confined space that may affect its atmosphere; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 134-135 (c) in any case, no less frequently than every 12 hours while the confined space remains occupied. Testing from outside (3) The employer must ensure that the competent person does not enter the confined space to carry out testing unless they have first carried out preliminary testing of its atmosphere from outside the space. Continuous monitoring (4) In addition to the testing required under subsection (2), the employer must ensure that the atmosphere in the confined space is continuously monitored for any accumulation of contaminants that could pose an immediate threat to life or that could interfere with a person’s ability to escape unaided from the confined space and must ensure that all persons in the space are alerted to any such an accumulation with sufficient warning to be able to exit the space safely. Lifeline (5) If it is not feasible to comply with subsection (1), the employer must ensure that every person in the confined space who wears a full body harness in accordance with paragraph 133(1)(b) has securely attached to it a lifeline that is secured outside the confined space and is monitored and controlled by an attendant, unless the risk of using the lifeline would pose a greater risk to the person than not using it. Attendants 135 (1) Every employer must ensure that attendants are stationed outside and near all entrances to each confined space at a workplace under its control while the space is occupied to (a) maintain a record of all persons entering and exiting the confined space and communicate that information among themselves; (b) maintain communication with and monitor the safety of persons in the confined space; and (c) provide emergency assistance to persons in the confined space and summon additional assistance if needed. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 135-136 Means of communication (2) The employer must ensure that attendants are provided with a means of communicating continuously with persons in the confined space, of communicating with other attendants at the confined space and of summoning additional assistance. No entry (3) Attendants must not enter the confined space. No other duties (4) The employer must ensure that attendants are not assigned any duties beyond those referred to in subsection (1) while stationed outside a confined space. Multiple entrances (5) If a single attendant is responsible for monitoring more than one entrance to a confined space, the employer must ensure that they are stationed in the location that best allows them to perform their duties in respect of each of those entrances. Instruction and training 136 (1) The instruction and training that every employer must provide to employees whose work relates to confined spaces at a workplace under its control, including employees whose work involves entering, evaluating, attending at, supervising persons in or carrying out emergency response procedures in relation to a confined space, includes (a) training on the legislation applicable to confined spaces, including as it pertains to rights and duties; (b) training on the identification of confined spaces; (c) training on and practice in the assessment of risks associated with confined spaces, including the particular risks of carrying out hot work in confined spaces; (d) training on the issuance and use of work permits for the occupation of confined spaces; (e) an overview of the operation of personal gas monitoring devices; (f) training on atmospheric testing, including practice in selecting appropriate testing methods and equipment; (g) training on methods to safely ventilate or remove unwanted substances from confined spaces; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 25 Confined Spaces Sections 136-137 (h) training on the measures required under paragraphs 133(1)(d) and (g) for isolating energy and substances; (i) training on methods of emergency response; and (j) training on and practice in the selection and use of appropriate personal protective equipment and rescue equipment in a confined space. Frequency (2) The training required under subsection (1) must be provided to every employee before the first time they do any work relating to confined spaces at the workplace and then at least once every three years. Emergency response (3) The employer must also provide any employee who may be required to carry out emergency response procedures in relation to a confined space with training and instruction in (a) appropriate emergency response procedures for that confined space; and (b) first aid at a level appropriate to the types of situations that may arise in that confined space. Completion of work 137 Every employer must ensure that, once work in a confined space at a workplace under its control is complete, a competent person verifies that all persons have left the confined space and all tools, equipment and other material not intended to remain in the confined space have been removed. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 26 Hot Work Sections 138-140 PART 26 Hot Work Risks 138 The risks arising from hot work are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act. Work permit 139 (1) A work permit is required for all hot work carried out at a workplace. Content — circumstances (2) The circumstances referred to in paragraph 53(1)(e) that must be set out in the work permit include (a) the location where the hot work is to be carried out, in particular, relative to any areas referred to in subsection 26(2); (b) the presence of any flammable, explosive or combustible material; and (c) the presence of any material that could produce toxic or flammable vapours. Content — procedures (3) The work procedures referred to in paragraph 53(1)(f) that must be set out in the work permit must identify, among other things, the tools and equipment to be used in carrying out the hot work. Requirements 140 (1) Every employer must ensure that no hot work is carried out at a workplace under its control unless (a) the atmosphere in the work area and any adjacent area that may be affected by the hot work is continuously monitored for flammable, explosive or combustible substances, if there is a risk of them being present in those areas, and all persons in those areas are alerted if there is a risk of any of those substances being present in concentrations exceeding the values referred to in paragraphs (b) and (c); (b) the atmospheric concentration of oxygen is less than 22.5%; (c) the atmospheric concentration of any other flammable, explosive or combustible substance is less than 5% of its lower explosive limit; (d) all potential sources of flammable, explosive or combustible substances have been identified, isolated and locked out; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 26 Hot Work Section 140 (e) the work area and any adjacent area that may be affected by the hot work are free of all materials that could produce a toxic, flammable, explosive or combustible vapour when heated; (f) a competent person maintains a fire watch patrol; and (g) firefighting equipment appropriate to all fire hazards that may arise is readily accessible. Welding, cutting and allied processes (2) The employer must ensure that welding, cutting and allied processes are carried out, to the extent feasible, in accordance with the requirements set out in CSA Group standard W117.2, Safety in welding, cutting, and allied processes. Use of gas (3) The employer must ensure that, if gas is used in the carrying out of hot work, (a) all hose lines or pipes that convey gases to the burner, and all couplings, are clearly identified to ensure they are not interchanged; (b) only standard fittings are used and those fittings, as well as any regulator or automatic reducing valve on the equipment being used, are designed for the gas being used; (c) safety devices that prevent the reverse flow of fuel, gas, oxygen or air from the torch end of the equipment being used to the supply lines and that prevent a flame from burning back from the torch end into the supply lines are used; (d) all gas cylinders, piping and fittings are located to prevent them from being damaged or are otherwise protected against damage; (e) all regulators and associated flexible connecting hoses are tested for leaks, using a substance that is not oil-, fat- or grease-based, immediately after being connected to a gas cylinder or other gas supply; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 26 Hot Work Sections 140-141 (f) while the hot work is being carried out, a person is stationed in a location that allows them to immediately cut off the gas supply in an emergency; (g) the gas supply is immediately cut off if a leak is detected during the test referred to in paragraph (e) or during the hot work and no further work is carried out until the leak has been repaired and another test has been carried out to verify the success of the repair; (h) all parts of the equipment being used are free from defects, leaks, oil and grease; (i) the torch is ignited only with a device that is designed for that purpose; and (j) hot metal parts and electrode stubs are disposed of or otherwise dealt with when not in use in a manner that dissipates heat and minimizes the potential for ignition and fire. PART 27 Hazardous Energy Definitions 141 The following definitions apply in this Part. electrical hazard means a danger of electric shock, arc flash burn, thermal burn or blast injury resulting from contact with electrical equipment or failure of that equipment. (risque associé à l’électricité) hazardous energy means any energy that can harm a person. (énergie dangereuse) limited approach boundary means (a) in respect of an exposed energized electrical conductor, (i) if it is part of an alternating current system, the distance set out in column 2 of Schedule 1 that corresponds to the conductor’s voltage in column 1, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Sections 141-142 (ii) if it is part of a direct current system, the distance set out in column 2 of Schedule 2 that corresponds to the conductor’s voltage in column 1; and (b) in respect of an exposed energized circuit part, (i) if it is part of an alternating current system, the distance set out in column 3 of Schedule 1 that corresponds to the part’s voltage in column 1, and (ii) if it is part of a direct current system, the distance set out in column 3 of Schedule 2 that corresponds to the part’s voltage in column 1. (seuil d’approche limite) restricted approach boundary, in respect of an exposed energized electrical conductor or circuit part, means (a) if it is part of an alternating current system, the distance set out in column 4 of Schedule 1 that corresponds to the conductor’s or part’s voltage in column 1; and (b) if it is part of a direct current system, the distance set out in column 4 of Schedule 2 that corresponds to the conductor’s or part’s voltage in column 1. (seuil d’approche restrictif) Occupational health and safety program 142 Exposure to hazardous energy, including as a result of the unexpected start-up of any equipment, machine, device or system or as a result of contact with or a failure of electrical equipment, is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and every occupational health and safety program must (a) set out, for each piece of equipment, machine, device and system at the workplace that may present such a risk, (i) the nomenclature by which it is to be identified, which must be consistent with any associated design documents, (ii) detailed procedures for de-energizing it and isolating its energy source using an energy-isolating device at all possible locations, both local and remote, and (iii) detailed procedures for verifying and testing that the de-energization and isolation are complete; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 142 (b) set out detailed procedures for securing and removing lockout devices and for affixing tags or signs to those devices; (c) set out the method by which persons in the vicinity of any equipment, machine, device or system are to be notified of its lockout; (d) set out procedures for the orderly transfer of control of lockout devices between outgoing and incoming employees during shift or personnel changes; (e) set out measures for ensuring that, before any equipment, machine, device or system that has been locked out is re-energized, all persons are clear of — and have been instructed to remain clear of — the area in which they would be at risk of exposure to hazardous energy; (f) set out procedures for the inspection and testing of electrical equipment and circuits, including the selection of appropriate testing equipment, having regard to the electrical code to which the workplace is designed; (g) set out procedures for maintaining the integrity of any electrical equipment’s insulation and its enclosure; (h) set out procedures for all work involving hazardous energy, including in relation to (i) the selection of appropriate tools, (ii) the use of personal protective equipment and other protective devices, and (iii) communication with persons in the vicinity of the location where the work is being carried out to ensure the safe coordination of the work with other activities; (i) identify the limited approach boundaries and restricted approach boundaries that apply to all locations at the workplace where shock hazards exist; (j) identify the arc flash boundary for every piece of electrical equipment at the workplace that gives rise to an arc flash hazard; (k) address the number of persons, including electrical safety watchers, needed to safely carry out electrical work and the competencies those persons must meet; (l) set out procedures for carrying out work involving multiple power systems, if applicable; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Sections 142-144 (m) set out procedures for responding to emergencies involving hazardous energy, including with respect to the use of emergency equipment; and (n) address precautions to be taken with respect to battery rooms. Work permit 143 A work permit is required for all work at a workplace that presents a risk of exposing any person to hazardous energy, including any work carried out closer to an exposed energized electrical conductor or circuit part than the applicable limited approach boundary or restricted approach boundary. Employer obligations 144 (1) Every employer must ensure, at each workplace under its control, that (a) hazardous energy is controlled in accordance with CSA Group standard Z460, Control of hazardous energy — Lockout and other methods; (b) every energy-isolating device is (i) designed and located to permit its quick and safe operation at all times, and (ii) marked to identify, in the manner referred to in subparagraph 142(a)(i), the equipment, machine, device or system whose energy source it isolates; (c) lockout devices and locks for securing them are readily available to employees who may need to carry out a lockout; (d) every lock used to secure a lockout device is (i) marked with a unique identification number, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 144 (ii) openable only with a unique key; (e) no lockout device is secured on an energy-isolating device in a manner that prevents access to any other energy-isolating device; (f) every employee who secures a lockout device affixes to it a tag or sign containing only the following information: (i) the equipment, machine, device or system whose energy source has been isolated and the type of energy that has been isolated, (ii) words or a symbol prohibiting any person from starting or operating the equipment, machine, device or system, (iii) the date and time of the lockout, (iv) the name of the employee who secured the lockout device, and (v) the reason for the lockout; (g) no tag or sign is removed from a lockout device by anyone other than the employee who affixed it or to whom control of the device has been transferred in accordance with the procedures referred to in paragraph 142(d); (h) any equipment, machine, device or system that has been locked out is inspected before being returned to service; (i) all electrical equipment is adequately guarded, insulated and, subject to paragraph 91(1)(i), grounded to prevent electrical hazards; (j) all grounded electrical equipment that plugs into an electrical receptacle meets the following requirements: (i) its cord, if any, contains a grounding conductor, (ii) its plug and the receptacle into which the plug is inserted are not (A) connected or altered in a manner that might interrupt the continuity of the grounding conductor, or (B) altered to allow for use in a manner not intended by the manufacturer, and (iii) it is not used with an adapter that would interrupt the continuity of the grounding conductor; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 144 (k) work is not carried out on electrical equipment while it is energized unless necessary due to equipment design or operational limitations; (l) a competent person identifies, using an arc flash analysis, all electrical equipment that poses an arc flash hazard and that equipment has affixed to it a warning label setting out the date of the analysis and the following information reflecting the analysis: (i) the equipment’s nominal voltage, (ii) the arc flash boundary for the equipment, and (iii) an indication of (A) the available incident energy and corresponding working distance in respect of the equipment, (B) the arc flash category of personal protective equipment that must be used with the equipment, (C) the minimum arc rating of personal protective equipment that must be used with the equipment, or (D) the site-specific level of personal protective equipment that must be used with the equipment; (m) only the following persons work on energized electrical equipment used for the generation or distribution of electricity or install, repair, alter or test electrical equipment: (i) a person who is certified as an electrician under the laws of a province, (ii) a person who has qualifications from a jurisdiction outside of Canada equivalent to those of a person referred to in subparagraph (i), and (iii) a person who is undergoing on-the-job training under the direct supervision of a person referred to in subparagraph (i) for the purpose of becoming such a person and who has demonstrated an ability to perform tasks safely at their level of training; (n) electrical equipment is installed in a location that minimizes risk to the safety of persons and in a manner that protects the equipment from mechanical and other damage; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 144 (o) the working space around and the path of access to every electrical switch, energy-isolating device or meter are free from obstruction and arranged to give authorized persons ready access to them; (p) electrical rooms are not used for storing flammable, explosive or combustible materials or materials that are unrelated to electrical work; (q) volatile flammable substances are not used in any electrical room or other enclosed area through which high-voltage electrical current passes; (r) all electrical equipment that is used in an area referred to in subsection 26(2) has been certified by a competent person who is independent of the operator, employer and manufacturer as being safe for use in such an area; (s) any electrical receptacle or extension cord that is used in an area referred to in subsection 26(2) is equipped with a terminal that interrupts the circuit before a connecting device is withdrawn; (t) all electrical receptacles that may be exposed to weather are weatherproof; (u) all electrical receptacles in an area in which persons may be exposed to water, including within 1.5 m of faucets and showers, are designed or equipped to prevent ground faults; (v) precautions are taken to prevent a plug from being inserted into an electrical receptacle of the incorrect voltage; (w) electrical drawings, produced by a competent person and containing line diagrams indicating the position and voltage rating of all electrical components at the workplace, are made readily available to all persons at the workplace and are updated after any repair or alteration to the electrical system; (x) legible warning signs, written in the official operating language of the workplace with symbols to convey the same meaning, are posted wherever an electrical hazard exists; and (y) a non-conductive rescue hook is kept readily available for use wherever a person is carrying out work that may expose them to a shock hazard. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 144 Lockout tag or sign (2) If the energy source being isolated is electric, the tag or sign referred to in paragraph (1)(f) must be made of non-conductive material. Isolation of piping (3) The employer must ensure that (a) an energy-isolating device used on a pipe that contains a substance that may release hazardous energy, other than in a confined space, (i) consists of a blank or blind in conjunction with valves or other blocking seals that are secured and locked out in the closed position to prevent the substance from reaching the blank or blind, (ii) consists of a double block and bleed system consisting of two valves or other blocking seals that are secured and locked out in the closed position and located on each side of a valve or other mechanism that is secured and locked out in the open position to allow for bleed-off between the two seals, or (iii) has been approved by a professional engineer; (b) the location of any blank or blind referred to in subparagraph (a)(i) is clearly marked on the pipe; (c) all valves or other seals or mechanisms referred to in subparagraph (a)(i) or (ii) are clearly marked to indicate the position they are in; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Sections 144-145 (d) any energy-isolating device referred to in subparagraph (a)(ii) or (iii) is monitored for leaks. Defective electrical equipment (4) The employer must ensure that electrical equipment that is taken out of service under section 88 is de-energized until a competent person determines it to be safe for use. Approach boundaries 145 (1) Every employer must ensure that no person at a workplace under its control is closer to an exposed energized electrical conductor or circuit part than (a) the applicable restricted approach boundary, unless they are a person referred to in paragraph 144(1)(m); or (b) the applicable limited approach boundary, unless they are a person referred to in paragraph 144(1)(m) or are accompanied by such a person. No closer than necessary (2) In any case, no person may be closer to an exposed energized electrical conductor or circuit part than is necessary to carry out their work. Work within limited approach boundary (3) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable limited approach boundary but does not require access to the conductor or part, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that (a) temporary barriers that do not touch the equipment to which the conductor or circuit part belong are installed to prevent access to the conductor or part; and (b) the work is constantly observed by an electrical safety watcher designated by the employer. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Section 145 Work within restricted approach boundary (4) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable restricted approach boundary, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that any tools and equipment that the person uses that could make contact with the electrical conductor or circuit part are insulated. Arc flash boundary (5) Every employer must ensure that, if a person at a workplace under its control must work within an arc flash boundary identified under paragraph 142(j), (a) that person has received training in the recognition and mitigation of arc flash hazards; (b) that person wears arc-rated personal protective equipment that is selected having regard to the information set out on the label referred to in paragraph 144(1)(l); and (c) the work is constantly observed by an electrical safety watcher designated by the employer. Electrical safety watcher (6) Every employer must ensure that any electrical safety watcher whom it designates for the purpose of paragraph (3)(b) or (5)(c) (a) is knowledgeable of the hazards associated with the work; (b) is trained in methods of release and rescue and has the equipment necessary for carrying them out, including all personal protective equipment necessary for their own health and safety; (c) has first aid qualifications at least equivalent to a standard first aid certificate; (d) is knowledgeable in the procedures to be followed to obtain medical and other emergency assistance and is provided with a means of summoning that assistance without delay; (e) has the authority to immediately stop any part of the work that they consider dangerous; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 27 Hazardous Energy Sections 145-147 (f) warns the persons carrying out the work of the hazards associated with it; (g) remains in the area in which the work is being carried out for its duration; (h) ensures that all safety precautions and procedures are complied with; and (i) is free of any other duties that might interfere with their duties as a watcher. PART 28 Compressed Gas Hose lines 146 Every employer must ensure that all hose lines for conveying flammable gas or oxygen from supply piping or compressed gas cylinders to torches at a workplace under its control have threads that conform to Compressed Gas Association standard CGA V-1, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections. Compressed gas cylinders 147 (1) Every employer must ensure that all compressed gas cylinders at a workplace under its control, and all equipment used with them, including regulators, automatic reducing valves, gauges and hose lines are compatible for use with one another, as indicated in the manufacturers’ specifications. Use with different gas (2) The employer must ensure that no equipment referred to in subsection (1) that is provided for use with a compressed gas cylinder containing a particular gas or group of gases is used at a workplace under its control with a compressed gas cylinder containing a different gas, unless that use is approved by the persons who supplied the compressed gas cylinder and the equipment. Cylinder connections and valves (3) The employer must ensure, with respect to every compressed gas cylinder at a workplace under its control, that (a) the cylinder’s connections to piping, regulators and other components are kept sufficiently tight to prevent leakage; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 28 Compressed Gas Sections 147-148 (b) the cylinder’s valves are kept closed at all times unless (i) gas is flowing from the cylinder, (ii) the gas in the cylinder is maintaining pressure in a supply line, or (iii) the cylinder is on standby during and between operations using gas and is not left unattended. Portable compressed gas cylinders 148 (1) Every employer must ensure that all portable compressed gas cylinders at a workplace under its control (a) are not (i) rolled on their sides, (ii) subjected to rough handling, or (iii) moved using a lifting magnet or sling; (b) are protected from (i) exposure to corrosive materials or corrosionaiding substances, (ii) exposure to excessive heat or fire, and (iii) falling and impact; (c) if they are not equipped with appropriate lifting mechanisms, are lifted only while held by a suitable cradle, platform or other device; (d) are transported in a manner that will prevent damage to them and their components, including by (i) being fastened securely in an upright position, unless designed for transport in another orientation, and (ii) having in place a protective cap or other means of preventing damage to their valves; and (e) are stored (i) securely in place, using securing devices capable of withstanding a fire, (ii) in a well-ventilated storage area where the cylinders are not exposed to temperature extremes, in accordance with the specifications of the cylinder manufacturer and the person who supplied the gas, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 28 Compressed Gas Sections 148-149 (iii) with the cylinders grouped by type of gas and the groups arranged having regard to the gases they contain, (iv) with full and empty cylinders separated, (v) at a safe distance from all operations that produce flames, sparks or molten metal or that would result in excessive heating of the cylinder, and (vi) with all protective devices with which they are equipped in place. Signage (2) The employer must ensure that signs are posted in a conspicuous place in each storage area in which portable compressed gas cylinders are stored, indicating the names of the gases stored. PART 29 Abrasive Blasting and HighPressure Washing Employer obligations 149 (1) The risks associated with abrasive blasting, high-pressure washing or any similar operation are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and every employer must, if such an operation is carried out at a workplace under its control, ensure that (a) every enclosure and other work area in which the operation is carried out is identified by warning signs or similar means; (b) only employees who are necessary for the operation are permitted in the enclosure or other work area in which the operation is carried out; and (c) every enclosure is provided with exhaust ventilation and makeup air to reduce the exposure of persons inside the enclosure, if applicable, to air contaminants and prevent the uncontrolled release of air contaminants from the enclosure. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 29 Abrasive Blasting and High-Pressure Washing Sections 149-151 Definition of enclosure (2) For the purpose of subsection (1), enclosure means a temporarily or permanently contained work area in which abrasive blasting, high-pressure washing or any similar operation is carried out, and includes an unoccupied contained work area in which such an operation is carried out by a person located outside that area. PART 30 Explosives Definition of activity involving an explosive 150 In this Part, activity involving an explosive includes the storage, handling, transportation, preparation or use of an explosive. Occupational health and safety program 151 The risks associated with the carrying out of activities involving an explosive are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace at which those activities may be carried out must (a) address the designation of areas in which those activities may be carried out; (b) set out procedures respecting (i) the loading and recovery of explosives, including measures to be taken prior to loading and recovery to address stray electrical energy and radiofrequency, (ii) the secure storage of explosives, including their protection from heat, impact and electrical charge, (iii) the selection and use of appropriate tools, including non-sparking tools, (iv) the management of misfires, and (v) the disposal of waste explosive materials; and (c) address the possible effects of weather conditions on the activities. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 30 Explosives Sections 152-153 Work permit 152 A work permit is required for any activity involving an explosive that is carried out at a workplace. Employer obligations 153 (1) Every employer must ensure, with respect to each workplace under its control, that (a) only competent persons designated by the employer are involved in any activity involving an explosive or have access to explosives; (b) only persons who are directly involved in the activity are permitted in the area in which it is carried out; (c) the quantity of explosives stored at the workplace is kept to a minimum and does not, in any event, exceed 75 kg unless otherwise authorized by the Chief Safety Officer; (d) detonators are not stored with any other explosive other than a detonator of the same type; (e) containers in which explosives are stored are (i) constructed to safely contain the explosives during all potential emergencies, or (ii) constructed and located in a manner that allows them to be safely jettisoned in an emergency; and (f) a competent person maintains and keeps in a readily accessible location a register of all explosives stored, removed from storage, used, misfired, destroyed or transferred outside the workplace, setting out (i) the competent person’s name, (ii) the name of the person who stored, removed, used, destroyed or transferred the explosive, (iii) the date of the storage, removal, use, destruction or transfer, (iv) the type and amount of explosive stored, removed, used, misfired, destroyed or transferred, and (v) particulars of the explosive’s use, intended use, destruction or transfer. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 30 Explosives Sections 153-155 Retention of register (2) The employer must retain the register referred to in paragraph (1)(f) for at least two years after the last day on which information is recorded in it. PART 31 Hazardous Substances Definitions 154 The following definitions apply in this Part. fugitive emission means a hazardous product in any form that escapes into the workplace from processing equipment, emission control equipment or a product. (émission fugitive) hazardous waste means a hazardous product that is intended to be recycled, recovered or disposed of. (résidu dangereux) product identifier, in respect of a hazardous substance, including a hazardous product, means its brand name, chemical name, common name, generic name or trade name. (identificateur de produit) Occupational health and safety program 155 (1) Exposure to hazardous substances is a prescribed risk for the purpose of paragraph 210.02(2)(a) of the Act and the associated control measures set out in the occupational health and safety program must be commensurate to the risks associated with each hazardous substance present at the workplace. Contents (2) Every occupational health and safety program must set out procedures for (a) managing the introduction of new hazardous substances into the workplace; (b) identifying and substituting, to the extent feasible, non-hazardous or less hazardous substances for more hazardous substances used at the workplace; (c) ensuring that all safety data sheets and other documents containing hazard information with respect to Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 155-156 hazardous substances at the workplace are kept up to date; (d) developing and implementing any medical monitoring program that may be required under paragraph 156(1)(c); (e) identifying and implementing means, potentially including protective reassignment, of eliminating all workplace exposure to a respiratory sensitizer or skin sensitizer, as those terms are defined in section 8.4 of the Hazardous Products Regulations, for any employee who is or is likely to be sensitized to that substance; (f) informing employees of the hazards posed by any substance that is a germ cell mutagen, as defined in section 8.5 of the Hazardous Products Regulations, or toxic to reproduction, as defined in section 8.7 of those Regulations, to which they may be exposed at the workplace; and (g) determining levels of safe exposure to the substances referred to in paragraph (f) for persons who are pregnant or breastfeeding or intend to conceive a child and identifying and implementing means, potentially including protective reassignment, of ensuring that those levels are not exceeded in respect of any employee who has advised the employer that they are such a person. Investigation and assessment 156 (1) The employer must, for the purpose of investigating and assessing potential exposure to hazardous substances under paragraph 210.022(f) of the Act, before the work that gives rise to the potential exposure begins, (a) obtain from a competent person designated by it, in consultation with the workplace committee or coordinator, as the case may be, a signed written report that (i) addresses the following factors in respect of each hazardous substance to which employees may be exposed: (A) the substance’s chemical, biological and physical properties, (B) the routes of exposure to the substance, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 156 (C) the acute and chronic effects on health of exposure to the substance, (D) the manner in which the substance is produced, stored, used, handled and disposed of at the workplace, (E) the control methods used to eliminate or reduce the employees’ exposure to the substance, and (F) the quantity, concentration or level of substance to which the employees may be exposed, including, in the case of an airborne chemical agent, whether that concentration is likely to exceed 50% of the threshold limit value for that agent referred to in paragraph 157(1)(a), and (ii) sets out the competent person’s recommendations regarding compliance with the provisions of the Act and these Regulations respecting hazardous substances, including recommendations in respect of sampling, testing and medical examinations of employees; (b) if the report referred to in paragraph (a) recommends the medical examination of employees, (i) obtain from a physician with specialized knowledge of the hazardous substance to which the employees may be exposed a written opinion, to be retained with the report, as to whether the medical examination is necessary, and (ii) if it is confirmed that the examination is necessary, obtain the results of a medical examination of each employee, carried out by a physician acceptable to that employee and at the employer’s expense, indicating whether the employee is fit to be exposed to the substance and, if so, any restrictions that ought to be imposed on their exposure; and (c) assess whether and to what extent medical monitoring of employees is necessary and, if the employer determines that it is necessary — or if requested by the Board under paragraph 210.067(1)(f) of the Act — implement a program for the medical monitoring of the employees. Combined effect (2) If two or more hazardous substances have a similar toxicological effect on the same target organ or system, their combined effect must be considered for the purpose of the investigation and assessment, using the additive mixture formula set out in the American Conference of Governmental Industrial Hygienists publication TLVs Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 156-157 and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. Testing methodology (3) If it is likely that the concentration of an airborne chemical agent referred to in clause (1)(a)(i)(F) exceeds the threshold limit value for that agent referred to in paragraph 157(1)(a), the concentration must be determined using a test that conforms to the United States National Institute for Occupational Safety and Health’s NIOSH Manual of Analytical Methods, if such a test exists for that agent. Employer obligations 157 (1) Every employer must ensure, in respect of each workplace under its control, that (a) no employee’s exposure to a hazardous substance exceeds the threshold limit value for that substance, as adjusted if necessary to reflect the length of the employee’s work period, or the biological exposure index for that substance; (b) automated detection and warning systems are in place, if feasible, to alert employees of any potential exposure to a hazardous substance; (c) hazardous substances are stored (i) in an area, designated by the employer for that purpose, that is (A) designed and constructed to provide for the safe containment and protection of its contents, (B) clearly identified by appropriate signage, (C) designed and maintained — including through the provision of adequate ventilation and lighting — to allow for its safe occupancy and the safe movement of employees, equipment and material, and (D) designed and equipped to permit effective emergency response having regard to the nature of each substance being stored, including, if any of the substances is flammable or combustible, by being equipped with a suitable fire suppression system, (ii) in containers that are designed and constructed to protect persons from the substances’ hazardous effects, and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 157 (iii) in a manner that ensures that (A) the substances and their containers cannot readily fall, become dislodged, suffer damage or be exposed to extreme temperatures, and (B) if the mixing of multiple substances would create a health or safety hazard to persons, those substances are prevented from mixing in the event of container leakage, breakage or other similar circumstance; (d) any storage area designated under subparagraph (c)(i) in which a flammable or combustible substance is to be dispensed or transferred also meets the following criteria: (i) its ventilation conforms to the applicable provisions of National Fire Protection Association publication NFPA 30, Flammable and Combustible Liquids Code, (ii) its exhaust air is discharged outdoors, to an area in which the exhaust will not pose a risk to the health or safety of any person, and the storage area is provided with makeup air, (iii) any makeup air duct that passes through a fire separation is equipped with a fire damper that is fitted to close automatically on detection of fire or the arming of a related fire suppression system, and (iv) any doors to or within the area are self-closing; (e) hazardous substances are removed from storage and used in as small a quantity as is feasible; (f) any hazard posed by a hazardous substance, including as a result of its production, storage, handling, use or disposal, is confined to as small an area as is feasible; (g) signs warning of the presence of hazardous substances are posted in conspicuous places, including all access points to the area in which the substances are present; (h) any production, storage, handling, use or disposal of a hazardous substance is done in accordance with the safety data sheet for that substance, if any, or another document containing hazard information in respect of that substance; (i) any handling, storage or use of a hazardous substance that is at risk of igniting from static electricity conforms to the National Fire Protection Association Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 157 publication NFPA 77, Recommended Practice on Static Electricity; (j) any words or symbols that identify the contents of a container as a hazardous substance are removed once the container has been completely cleaned of that substance; (k) if an employee’s skin, hair or clothing is likely to become contaminated by a hazardous substance in the course of their work, (i) a shower is available to them, outside of the accommodations area, for the purpose of decontamination, and (ii) they are allowed sufficient time during their normal working hours to use the decontamination shower or other cleaning facilities; (l) appropriate emergency eye-wash stations and showers that conform to and have been installed in accordance with ANSI/International Safety Equipment Association (ISEA) standard Z358.1, American National Standard for Emergency Eyewash and Shower Equipment are provided in any work area where a person’s eyes or skin may be exposed to a hazardous substance, having regard to the risk of exposure and the hazard information for that substance; (m) no person enters any accommodations area while wearing clothing that is likely to have been contaminated by a hazardous substance, other than a space within that area that has been designated by the employer for the removal of contaminated clothing; (n) any person who handles, cleans or disposes of clothing at a workplace does so in a manner that minimizes exposure of persons to hazardous substances, including by (i) storing clothing that is wet or likely to have been contaminated with a hazardous substance separately from clothing that is not wet or contaminated, and (ii) laundering clothing that is likely to have been contaminated with a hazardous substance separately from other clothing; (o) any use of a device that is capable of emitting energy in the form of electromagnetic waves conforms to the applicable safety code, including any addendums, published by the Department of Health; (p) any non-destructive testing activity that involves a device that is capable of emitting energy in the form of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 157 electromagnetic waves is carried out by a person certified by the Department of Natural Resources’ National Non-Destructive Testing Certification Body; (q) every piping system that contains a hazardous substance is (i) designed to control static electricity, (ii) fitted with valves or other safety devices to ensure its safe operation, (iii) marked using any method, including colourcoding or signage, to identify the hazardous substance it contains and, if applicable, the direction of the flow, and (iv) despite paragraph 87(1)(e), inspected before it is placed in service and then at least once a year; and (r) if an employee is carrying out work on a piping system that contains a hazardous substance, (i) the following engineering controls are fitted on pipes as necessary to prevent the inadvertent discharge of the substance: (A) a blank or blind, in conjunction with valves or other blocking seals that are secured in the closed position to prevent the substance from reaching the blank or blind, (B) a double block and bleed system, consisting of two valves or other blocking seals that are secured in the closed position and located on each side of a valve or other mechanism that is secured in the open position to allow for bleed-off between the two seals, or (C) another engineering control that has been approved by a professional engineer, (ii) the location of any blank or blind referred to in clause (i)(A) is clearly marked on the pipe and all valves and other seals and mechanisms referred to in clause (i)(A) or (B) are clearly marked to indicate the position they are in, and (iii) any engineering control referred to in clause (i)(B) or (C) is monitored for leaks throughout the work. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 157-158 Securing of valves, seals and mechanisms (2) Each valve or other seal or mechanism referred to in subparagraph (1)(r)(i) must be secured in the open or closed position, as the case may be, using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force. Records of exposure (3) Every employer must retain all records of exposure referred to in paragraph 210.022(g) of the Act for 40 years after the day on which the exposure is first documented. Identification 158 (1) For the purpose of paragraph 210.022(c) of the Act, any container that contains a hazardous substance — other than a hazardous product — is to be clearly marked with the substance’s generic name and hazardous properties. Hazard information (2) If a safety data sheet or other document that identifies, and sets out hazard information in respect of, a hazardous substance — other than a hazardous product — that is stored, handled or used at a workplace may be obtained from the supplier by the employer with control over the workplace, the employer must obtain that document and make it available to every employee at the workplace. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 159 Hazardous products — labelling 159 (1) Paragraph 210.022(d) of the Act does not apply in respect of (a) a manufactured article, as defined in section 2 of the Hazardous Products Act; (b) wood or any product made of wood; (c) hazardous waste — or the container that contains it — if a sign that clearly and legibly sets out the product identifier and up-to-date hazard information in respect of the waste is posted in a conspicuous place near it; (d) a portable container containing a hazardous product that is filled from a container that is labelled in accordance with the Act and these Regulations if (i) the hazardous product is to be used immediately, or (ii) the hazardous product is to be used only during the work shift in which the portable container is filled, it remains under the control of the employee who filled the portable container and is used only by them and the portable container has applied to it a label that sets out the product identifier for the product; (e) a laboratory sample, as defined in subsection 5(1) of the Hazardous Products Regulations, that is not in a container received from the supplier, as defined in section 2 of the Hazardous Products Act, if the hazardous product in question is identified with sufficient clarity to permit employees to obtain hazard information in respect of it; (f) a hazardous product that the employer intends to export — or the container that contains it — if a sign that clearly and legibly discloses the following information is posted in a conspicuous place near the product: (i) the product identifier for the hazardous product, (ii) up-to-date hazard information in respect of the hazardous product, and (iii) the fact that a document referred to in paragraph 210.022(e) of the Act or paragraph 160(1)(c) in respect of the hazardous product is available at the workplace; (g) any of the following hazardous products, if a sign that clearly and legibly discloses the product identifier is posted in a conspicuous place near the product: Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Section 159 (i) a fugitive emission produced at the workplace, (ii) a hazardous product in a process or reaction vessel, (iii) a hazardous product in a pipe or piping system, or (iv) a bulk shipment, as defined in subsection 5.5(1) of the Hazardous Products Regulations, that has been received at the workplace and has not been transferred to a container; or (h) any other hazardous product that is not in a container, if a sign that clearly and legibly discloses the information referred to in subparagraphs (f)(i) to (iii) is posted in a conspicuous place near the product. Requirements (2) For the purpose of paragraph 210.022(d) of the Act, the information that each label must disclose is the information that is required to be disclosed on a label under the Hazardous Products Regulations and the hazard symbols that the label must have displayed on it — and the manner of displaying those symbols — are those required by those Regulations. Exceptions (3) Despite subsection (2), the label need only set out (a) the product identifier and up-to-date hazard information in respect of hazardous waste or the container that contains it; (b) the information referred to in subparagraphs (1)(f)(i) to (iii) in respect of (i) a hazardous product that is produced at the workplace or the container that contains it, or (ii) a container that is not received from a supplier, as defined in section 2 of the Hazardous Products Act, or the hazardous product that it contains (iii) a hazardous product or container that was previously labelled in accordance with subsection (2) if that label became illegible or was lost, or (iv) a hazardous product or container for which the employer is actively seeking a label that conforms to subsection (2); or (c) the information referred to in subparagraphs (1)(f)(i) and (ii) in respect of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 159-160 (i) a product listed in Schedule 1 to the Hazardous Products Act or the container that contains it, or (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, or the container that contains it. Hazardous products — safety data sheets 160 (1) Paragraph 210.022(e) of the Act does not apply in respect of (a) a manufactured article, as defined in section 2 of the Hazardous Products Act; (b) wood or any product made of wood; (c) the following hazardous products, if the employer makes available a document containing the product identifier and detailed, up-to-date hazard information in respect of the product: (i) a product listed in Schedule 1 to the Hazardous Products Act, or (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act; (d) a hazardous product that is produced at the workplace and is a fugitive emission or an intermediate product undergoing reaction within a process or reaction vessel; (e) hazardous waste; or (f) any hazardous product for which the employer is actively seeking the document referred to in that paragraph, as long as any label affixed to, printed on or attached to the product or container that contains information about the product is not removed, defaced, modified or altered. Information required (2) The information that must be disclosed for the purpose of subparagraph 210.022(e)(v) of the Act is all information not referred to in subparagraphs 210.022(e)(i) to (iv) of the Act that is required to be included on a safety data sheet under the Hazardous Products Regulations. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 161-162 Exemption from requirement to disclose 161 (1) Subject to subsection (2), if an employer has filed a claim under subsection 11(2) of the Hazardous Materials Information Review Act for an exemption from a requirement under the Act to disclose information, it must disclose in place of that information on any safety data sheet or other document, label or sign (a) if there has been no final determination in respect of the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; or (b) if the final determination in respect of the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted. Product identifier (2) If the claim for exemption is in respect of a product identifier, the employer must disclose, in place of the product identifier on any safety data sheet or other document, label or sign, a code name or code number assigned by the employer to identify the hazardous product. Instruction and training 162 The instruction and training that every employer must provide to its employees includes (a) if the employee is likely to handle or be exposed to a hazardous substance, training with respect to the content required on labels and safety data sheets and the purpose and significance of that content; (b) if the employee installs, operates, maintains or repairs a piping system that contains a hazardous substance, or any component of such a system, training with respect to the significance of the colour-coding, signage or other markings referred to in subparagraph 157(1)(q)(iii); and (c) if the employee is one referred to in paragraph (a) or (b), instruction with respect to procedures for the safe storage, handling, use and disposal of the hazardous substances to which they may be exposed, including procedures to be followed in an emergency involving a hazardous substance or when a fugitive emission is present. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 31 Hazardous Substances Sections 162-165 Provision of information in emergency 163 For the purpose of subsection 210.023(1) of the Act, a medic is a prescribed medical professional. PART 32 Diving Definitions 164 The following definitions apply in this Part. decompression table means a table or set of tables that shows a schedule of rates for safe descent and ascent and decompression stop times, having regard to the breathing mixture to be used by a diver during a dive. (table de décompression) dive contractor means an employer that exercises direction and control over diving operations at a workplace. (entrepreneur en plongée) dive team means all divers, standby divers, dive support personnel and dive supervisors on a dive project. (équipe de plongée) dive safety specialist means a person designated under subsection 168(1). (spécialiste de la sécurité en plongée) Occupational health and safety program 165 The risks associated with diving operations are prescribed risks for the purpose of paragraph 210.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace from which a dive project is carried out must include (a) procedures for consulting with employees who perform a variety of roles in the diving operations, including members of the dive team, with respect to the management of risks to divers’ health and safety; (b) procedures for obtaining the agreement of the dive safety specialists designated in respect of the dive project with respect to the hazards identified, the risks assessed and the hazard control measures to be implemented; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 165 (c) procedures for safely carrying out each task associated with the dive project, including with regard to the equipment to be used; (d) procedures for ensuring divers’ safe and controlled entry into and exit from the water; (e) procedures for carrying out decompression in a manner that will minimize decompression sickness or other adverse effects on divers, including having regard to repetitive factor and residual inert gases; (f) procedures for treating decompression sickness, including decompression sickness that results from planned or unplanned omitted decompression, and communicating with a specialized dive physician in respect of that treatment; (g) procedures for responding to hazardous weather or water conditions; (h) procedures for aborting and resuming dives; (i) procedures for calculating — in a manner that allows for leakage, waste and other unplanned depletions — the quantities of breathing mixtures required by divers, including for both primary and secondary use and for therapeutic treatment; (j) procedures for storing breathing mixtures that, among other things, identify a single Canadian or international standard to be used for the colour-coding of all gas cylinders and quads or other banks associated with the dive project; (k) procedures for providing breathing mixtures to divers; (l) procedures for ensuring that all materials or objects introduced into or used in diving bells or compression chambers do not contain or produce gases or vapours that may be harmful to divers; (m) procedures for maintaining divers’ thermal balance and comfort, including by heating their breathing mixtures if necessary and ensuring the continued supply of heat in the event of any failure of the primary thermal control system; (n) procedures for installing barriers or isolating energy sources as necessary to protect divers from contact with hazards; (o) procedures for ensuring that the dive contractor is made aware of any seismic work being carried out in the vicinity of the workplace that may pose a risk to Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 165-168 divers’ health or safety and for communicating with the persons carrying out that seismic work; (p) procedures for assessing seabed or seawater contamination levels in areas in which contamination is a known hazard; and (q) if the workplace is a dynamically positioned vessel, (i) procedures for responding to changes in its station keeping status, (ii) procedures for operating in close proximity to marine installations or structures or other physical obstacles, (iii) procedures for guarding against thruster wash and suction effect, (iv) procedures for preventing equipment entanglement, and (v) procedures for repositioning the vessel that address, among other things, the maximum increments for repositioning and heading change while divers are in the water. Prohibitions 166 It is prohibited to carry out the following diving activities at or from any workplace: (a) diving using a self-contained underwater breathing apparatus (SCUBA); and (b) surface-supplied diving using a breathing mixture that contains helium. Instruction 167 The instruction that every dive contractor must provide to all dive team members includes instruction on the hazards of diving in cold water and the appropriate emergency response to any loss of heating to a diver, their breathing mixture or their equipment. Dive safety specialists 168 (1) The operator of a workplace from which a dive project is to be carried out and the dive contractor that exercises direction and control over the diving operations at that workplace must each designate in writing a competent person as a dive safety specialist, to be present at the workplace for the duration of the dive project and be Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 168-169 available during all dives to advise on any matter related to the safety of the project Requirements (2) Each dive safety specialist must (a) conform to the competencies set out for offshore dive safety specialists in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations; and (b) have no other duties that will interfere with their ability to provide prompt advice. Independence (3) The dive safety specialist designated by the operator must be independent of the dive contractor and the dive safety specialist designated by the dive contractor must be independent of the operator. Different persons (4) The same person may not be designated as a dive safety specialist by both the operator and dive contractor in respect of the same dive project. Emergency response plan 169 (1) The emergency response plan developed under section 18 in respect of a workplace from which a dive project is carried out must include provisions developed by the dive contractor — in consultation with the dive safety specialists for the project and, as the case may be, the installation manager referred to in section 198.2 of the Act or the offshore construction manager and dive vessel master — that (a) set out procedures for responding to all vessel or dive system emergencies that have the potential to compromise divers’ safety; (b) set out procedures for responding to chamber system emergencies, including fire, loss of pressure, atmospheric contamination and life-support system malfunction; (c) set out procedures to be followed in the case of any loss of communication; (d) set out procedures for ensuring that any emergency at the workplace does not impede the provision of life support to divers, including during evacuation, Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 169-170 recovery, decompression and observation for decompression sickness; (e) set out procedures in relation to the rescue of a diver; (f) if the dive project involves saturation diving, set out procedures (i) for locating and recovering a lost diving bell, (ii) for responding to the loss of atmospheric pressure within a diving bell, and (iii) in relation to emergency hyperbaric evacuation, including the recovery and transport to a hyperbaric reception facility of self-propelled hyperbaric lifeboats, their reception at that facility and the replenishment of resources on the lifeboats; and (g) address any other matters that are necessary for preparing for and responding to emergencies that have the potential to compromise divers’ safety. Procedures (2) The dive contractor must ensure that detailed emergency response procedures covering all reasonably foreseeable emergencies are readily available to all persons at the workplace who may have a role in carrying them out. Availability of plan (3) In addition to conforming to subsection 18(3), every dive contractor must ensure that the emergency response plan for the workplace from which the dive project for which it exercises direction or control over diving operations is carried out is made readily available to all persons, including those not at the workplace, who may have a role in responding to a dive emergency. Emergency drills and exercises 170 The plan established under section 30 for any workplace from which a dive project is carried out must include provisions, developed by the dive contractor, requiring the conduct of exercises and drills with respect to all reasonably foreseeable dive emergencies, including Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 170-171 (a) diver evacuation drills — including, if the dive project involves saturation diving, drills involving the boarding of a self-propelled hyperbaric lifeboat — to be conducted prior to the first dive being carried out under the dive project and then at least once a month; (b) exercises involving the simulation by the members of the dive team of the procedures for dealing with a diver who has suffered injury or decompression sickness, including communication with a specialized dive physician, to be conducted at least once a month; (c) if the dive project involves the use of dynamic positioning equipment, drills completed on the diving vessel simulating the loss of dynamic positioning capability, to be conducted at least once a month; (d) if the dive project involves saturation diving, (i) drills involving the location and recovery of a lost diving bell, to be conducted prior to the first dive being carried out under the dive project and then at least once every three months, and (ii) drills involving the launch and manoeuvring of self-propelled hyperbaric lifeboats, to be conducted at least once every six months; and (e) drills or exercises in respect of all other reasonably foreseeable diving emergencies, to be conducted at least once a month. Dive project plan 171 (1) Every dive contractor must, in respect of each dive project for which it exercises direction or control over the diving operations, in consultation with the dive safety specialists for the project and, as the case may be, the installation manager referred to in section 198.2 of the Act or the offshore construction manager and dive vessel master, establish, maintain and implement a written dive project plan that sets out, in detail, all operational and safety elements of the proposed dive project, including (a) a description of each dive to be carried out that includes an indication of Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 171 (i) the diving technique to be used, (ii) the tasks to be carried out, (iii) any specialized equipment to be used, (iv) the estimated and maximum time to be spent at each depth, (v) the number of divers involved, and (vi) the hours each diver will be expected to work, including the frequency and duration of their breaks; (b) the composition of the dive team and the qualifications and any specialized training required of its members; (c) the hierarchy of command for the project; (d) a list of legislation, standards and codes of practice that are applicable to any aspect of the dive project; (e) a list of all vessels to be used in the dive project, including rescue vessels to be on standby; (f) the decompression tables to be used; (g) the types of equipment, including personal protective equipment, that are to be worn or used by members of the dive team and the quantity of each that is required to ensure sufficient availability for standby divers; (h) procedures, approved by a specialized dive physician, for carrying out the medical checks referred to in paragraphs 172(2)(b) and (3)(b); (i) schematic diagrams indicating, for each vessel to be used, the distance at various depths from a diver to the vessel’s propulsion system components and other hazards to the diver and their umbilical, as well as the corresponding safe umbilical lengths; (j) a description of the diving system and any dynamic positioning equipment to be used; (k) a description of the potential failure modes of the diving system and any dynamic positioning equipment to be used, the consequences of such failures and the mitigation measures to be taken, including an indication of which of the system’s or equipment’s components require redundancy, as determined on the basis of a failure modes and effects analysis; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 171 (l) schedules for inspecting the diving system and its components and the positions of those responsible for carrying out those inspections; (m) a description of all subsea lifts planned; (n) the means of communication to be used among members of the dive team and employees on the bridge, at the dive control station and at the dynamic positioning control station, and to support the provision of medical and emergency response services, including secondary means to be used in the case of a failure of the primary means or a loss of power, and procedures to be followed in the case of a total loss of communication; (o) a copy of the emergency response plan developed in respect of the workplace under section 18; (p) the method by which the dive project plan is to be communicated to the dive team and any other persons who may be affected by the plan; (q) procedures for managing any changes that require deviation from the plan; and (r) any other information that is necessary to plan for safe diving operations. Dive team (2) For the purpose of paragraph (1)(b), the composition of the dive team must be determined having regard to the risk assessment carried out in accordance with the occupational health and safety program and that team must include (a) no fewer than two dive supervisors on shift at the dive control station at all times during a dive, with the exception of breaks, during which one supervisor may be replaced at the dive control station by another competent person; (b) sufficient dive support personnel to support the divers and operate and maintain all equipment; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 171-172 (c) in the case of surface-supplied diving, sufficient divers to ensure the availability of standby divers who satisfy the requirements set out in paragraph 172(2)(c). Means of communication (3) All means of communication referred to in paragraph (1)(n) must be dedicated and continuous and, if used between a dive supervisor and diver, must (a) have sufficient sound quality to permit breathing and speech to be clearly heard without distortion; (b) if the diver is using a breathing mixture that contains a substance that distorts the voice, be equipped with a voice descrambler; and (c) be equipped with a recording device that continuously records all transmissions while a dive is in progress. Dive contractor obligations 172 (1) Every dive contractor must ensure, with respect to all diving operations under its direction and control, that (a) the diving system used conforms to the annex to International Maritime Organization Resolution A.831(19), Code of Safety for Diving Systems, 1995; (b) each member of the dive team and the pilot of any remotely operated vehicle being deployed conforms to the applicable competencies set out in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations; (c) each diver and dive supervisor holds a valid standard first aid certificate or advanced first aid certificate and a valid certificate in first aid oxygen administration; (d) each diver has been certified, within the 12-month period ending on the last day of the diving operation, as being medically fit to dive by one of the following physicians and has confirmed that their medical condition has not changed since their most recent certification: Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 172 (i) a physician who is licensed to practise medicine in Canada and meets the competencies of a Level 1 Physician set out in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations, or (ii) a specialized dive physician who bases their certification on their review of a medical fitness certification issued in a jurisdiction outside of Canada within the same 12-month period; (e) a specialized dive physician is readily available at all times to provide medical advice from a remote location in Nova Scotia and to be transported to the workplace, if necessary, to provide medical treatment, including to a diver in a compression chamber; (f) any person performing first aid on a diver has unimpeded access to a means of communicating with the specialized dive physician; (g) appropriate equipment is available at the workplace to permit the specialized dive physician, from a remote location, to (i) communicate directly with a diver inside a compression chamber, (ii) observe and examine a diver inside a compression chamber by means of visual and auditory aids, and (iii) use available monitoring or clinical assessment technologies on a diver; (h) the data transfer rate at the workplace is sufficient to permit continuous monitoring of a person inside a compression chamber and to allow the results of ongoing medical testing, such as electrocardiograms, to be transferred to the specialized dive physician, as determined through testing before the start of the diving operations; (i) breathing mixtures that conform to CSA Group standard Z275.2, Operational safety code for diving operations or European Committee for Standardization (CEN) standard EN 12021, Respiratory equipment — Compressed gases for breathing apparatus are available in the quantities calculated in accordance with paragraph 165(i); (j) each diver has independent primary and secondary breathing mixture supplies, each of which can be isolated from the supplies of other divers; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 172 (k) breathing mixtures are available to divers at a rate appropriate to the depth and circumstances of the dive but no less than 62.5 L per minute; (l) breathing mixtures are stored in compressed gas cylinders that have been certified by a competent person who is independent of the operator, dive contractor and manufacturer as being safe for that use; (m) the applicable colour code referred to in paragraph 165(j) is posted in a conspicuous place in all breathing mixture storage areas; (n) the oxygen content of each breathing mixture is analyzed by a member of the dive team on receipt of the mixture and immediately prior to each dive for which that mixture is to be used and any breathing mixture found to contain more than 25% oxygen by volume is handled as if it were pure oxygen; (o) if a remotely operated vehicle is deployed while divers are in the water, there is a dedicated and continuous means of communication between the dive supervisor and the vehicle’s pilot and a monitor at the dive control station displays the same picture as seen by the pilot; (p) if a dive is being carried out from a dynamically positioned vessel, (i) the vessel is equipped with (A) an indicator that continuously displays its station keeping status, (B) a visual and audible alarm system that warns of station keeping status changes, and whose alarms are visible and audible on the bridge, at the dive control station and in any other location where knowledge of such a change would be important for ensuring diver safety, and (C) a fixed means of communication between the vessel’s bridge and the dive control station and between the dive control station and the dynamic positioning control station that is capable of working even in the event of a total loss of power to the vessel, and (ii) there is a dedicated and continuous means of communication between the dive control station and the dynamic positioning control station for the duration of the dive and employees at each station inform those at the other station immediately of any changes in operational circumstances; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 172 (q) divers’ breathing patterns are continuously monitored and their activities continuously observed and recorded for the duration of each dive; (r) every diver’s location in the water is continuously monitored for the duration of each dive; (s) effective means of assisting and recovering divers are available for the duration of each dive; (t) any dive during which a diver loses thermal balance or there is a failure of a thermal control system is immediately suspended and all divers are returned to the diving bell, if safe, or to the surface, even if the loss or failure is expected to be temporary; (u) decompression is carried out only in accordance with the applicable decompression table identified in the dive project plan, except in extenuating circumstances and in consultation with a specialized dive physician; (v) no diver travels by air within 24 hours after a dive or while suffering from decompression sickness, unless approved by a specialized dive physician; and (w) the medical report associated with each diver’s certification under paragraph (d) is readily available, in the case of an emergency, to members of the dive team who hold a diving medical technician certificate and to the specialized dive physician referred to in paragraph (e), in an official language understood by that physician. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 172 Surface-supplied diving (2) If the diving operation involves surface-supplied diving, the dive contractor must also ensure that (a) there is, at all times, at least one member of the dive team who holds a valid diving medical technician certificate and is not on a mandatory rest period on the surface and readily available to provide assistance to the divers; (b) medical checks are carried out by a member of the dive team who holds a diving medical technician certificate, or by a medic under the direction of the specialized dive physician, on each diver at the beginning and end of each shift during which they dive; (c) except in the case of an emergency, each standby diver has had 12 consecutive hours of rest since their most recent dive and has no residual inert gas in their tissue as calculated in accordance with the applicable decompression table set out in the dive project plan; (d) no dive is carried out at pressures greater than 50 msw or if the partial pressure of oxygen exceeds 1.4 ATA; (e) sufficient double-lock deck compression chambers that have an inside diameter of at least 1.524 m and that can accommodate all divers who need to undergo decompression at any one time, as well as all other persons needing to be in the chamber with the divers to carry out the decompression procedures or provide medical care to them, are available at the workplace to allow for decompression in accordance with the applicable decompression table identified in the dive project plan; and (f) if diving occurs from a light dive craft, the time needed to transport a diver from the surface to the deck compression chamber or medical room on the Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Section 172 primary vessel from which the light dive craft is deployed does not exceed 15 minutes. Saturation diving (3) If the diving operation involves saturation diving, the dive contractor must also ensure that (a) each diver holds a valid diving medical technician certificate; (b) medical checks are carried out by a member of the dive team who holds a diving medical technician certificate, or by a medic under the direction of the specialized dive physician, on each diver immediately before they enter the compression chamber and immediately after they exit it after decompression; (c) at least two diving bells are available, each of which (i) is capable of sustaining the lives of the divers in it and protecting them against hypothermia for at least 24 hours, (ii) is equipped with an emergency locating device whose signals the marine installation or structure from which the dive operation is carried out, and all rescue vessels on standby, are equipped to receive and interpret, (iii) has suitable protective devices fitted to its main umbilical to control loss of atmospheric pressure in the diving bell if any of the components in the umbilical are ruptured, and (iv) has its internal atmosphere continuously monitored for contaminants and oxygen and carbon dioxide levels by both a primary and secondary monitoring system for the duration of each dive, with the data displayed both in the diving bell and at the dive control station, and the oxygen and carbon dioxide levels being recorded at least hourly; (d) the relative humidity in all living chambers is maintained between 40% and 60% at all depths, regardless of the number of divers in the chamber; (e) no pressurization is scheduled to last more than 28 days; and Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 172-173 (f) a hyperbaric evacuation system that includes the following is readily available for the evacuation and reception of all divers: (i) a hyperbaric reception facility, and (ii) self-propelled hyperbaric lifeboats that are equipped with a life support package sufficient to sustain the lives of the divers and for which a mating trial with the reception facility has been conducted. Dive record 173 (1) Every dive contractor must make and sign a record that sets out, in respect of each dive carried out under its direction or control, (a) the date and location of the dive; (b) the names of all divers, standby divers and dive supervisors; (c) the task carried out; (d) a list of the tools and equipment used that includes, in respect of each piece of equipment that is part of the diving apparatus, its type and serial number; (e) the breathing mixture used; (f) the time the diver began their descent from the surface; (g) the maximum depth attained; (h) the time spent at the maximum depth; (i) the time the diver began their ascent from the maximum depth; (j) the time the diver reached the surface; (k) the surface interval, in the case of a repetitive dive; Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations PART 32 Diving Sections 173-176 (l) the type of decompression carried out and the decompression table used; (m) the environmental conditions during the dive; and (n) any remarks, including with respect to any unusual occurrences during the dive. Retention of record (2) The dive contractor must retain the record for five years after the day on which the dive is completed. Retention of recordings (3) The dive contractor must retain all recordings referred to in paragraphs 171(3)(c) and 172(1)(q) for 48 hours after the diver has returned to the surface or living chamber, as the case may be, or any longer period that is necessary to enable the operator to investigate an occupational disease, accident, incident or other hazardous occurrence under subsection 210.017(2) of the Act. PART 33 Related Amendments to the Nova Scotia Offshore Certificate of Fitness Regulations 174 [Amendments] 175 [Amendments] PART 34 Coming into Force January 1, 2022 176 These Regulations come into force on January 1, 2022, but if they are registered after that day, they come into force on the day on which they are registered. Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations SCHEDULE 1 SCHEDULE 1 (Section 141) Approach Boundaries for Alterna from energized electrical conduc Column 1 Column 2 Item Nominal System Voltage Range, Phase to Phasea Exposed Ene Electrical Con Less than 30 V Not applicabl 31 V – 150 V 3.0 m 151 V – 750 V 3.0 m 751 V – 15 kV 3.0 m 15.1 kV – 36 kV 3.0 m 36.1 kV – 46 kV 3.0 m 46.1 kV – 72.5 kV 3.0 m 72.6 kV – 121 kV 3.3 m 138 kV – 145 kV 3.4 m 161 kV – 169 kV 3.6 m 230 kV – 242 kV 4.0 m 345 kV – 362 kV 4.7 m 500 kV – 550 kV 5.8 m 765 kV – 800 kV 7.2 m a For single-phase systems above 250 V, select the range that is equa Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations SCHEDULE 1 (French) ANNEXE 1 (article 141) Seuils d’approche — courant a entre les conducteurs ou pièces sion et les personnes) Colonne 1 Colonne 2 Article Plage de tension nominale du circuit, tension entre phasesa Conducteur e sous-tension Moins de 30 V Sans objet 31 V — 150 V 3,0 m 151 V — 750 V 3,0 m 751 V — 15 kV 3,0 m 15,1 kV — 36 kV 3,0 m 36,1 kV — 46 kV 3,0 m 46,1 kV – 72,5 kV 3,0 m 72,6 kV – 121 kV 3,3 m 138 kV – 145 kV 3,4 m 161 kV – 169 kV 3,6 m 230 kV – 242 kV 4,0 m 345 kV – 362 kV 4,7 m 500 kV – 550 kV 5,8 m 765 kV – 800 kV 7,2 m Pour les réseaux monophasés de plus de 250 V, sélectionner la p multipliée par 1,732. a Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations SCHEDULE 2 SCHEDULE 2 (Section 141) Approach Boundaries for Direct energized electrical conductors o Column 1 Column 2 Item Nominal System Voltage Range, Phase to Phase Exposed Ene Electrical Con Less than 30 V Not applicabl 31 V – 300 V 3.0 m 301 V – 1 kV 3.0 m 1.1 kV – 5 kV 3.0 m 5.1 kV – 15 kV 3.0 m 15.1 kV – 45 kV 3.0 m 45.1 kV – 75 kV 3.0 m 75.1 kV – 150 kV 3.4 m 150.1 kV – 250 kV 4.0 m 250.1 kV – 500 kV 6.0 m 500.1 kV – 800 kV 8.0 m Current to June 20, 2022 Last amended on January 1, 2022 Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations SCHEDULE 2 (French) ANNEXE 2 (article 141) Seuils d’approche — courant con les conducteurs ou pièces de circ les personnes) Colonne 1 Colonne 2 Article Plage de tension nominale du circuit, tension entre phases Conducteur e sous-tension Moins de 30 V Sans objet 31 V – 300 V 3,0 m 301 V – 1 kV 3,0 m 1.1 kV – 5 kV 3,0 m 5,1 kV – 15 kV 3,0 m 15,1 kV – 45 kV 3,0 m 45,1 kV – 75 kV 3,0 m 75,1 kV – 150 kV 3,4 m 150,1 kV – 250 kV 4,0 m 250,1 kV – 500 kV 6,0 m 500,1 kV – 800 kV 8,0 m Current to June 20, 2022 Last amended on January 1, 2022

CONSOLIDATION Critical Habitat of the North Atlantic Right Whale (Eubalaena glacialis) Order SOR/2017-262 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 Critical Habitat of the North Atlantic Right Whale (Eubalaena glacialis) Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2017-262 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the North Atlantic Right Whale (Eubalaena glacialis) Order Whereas the North Atlantic Right Whale (Eubalaena glacialis) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the North Atlantic Right Whale (Eubalaena glacialis) Order. Ottawa, November 30, 2017 Le ministre des Pêc Dominic Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the North Atlantic Right Whale (Eubalaena glacialis) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the North Atlantic Right Whale (Eubalaena glacialis), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION CIFTA Remission Order, 2003 SOR/2003-73 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 CIFTA Remission Order, 2003 1 Interpretation Remission Condition Coming into Force Current to June 20, 2022 ii Registration SOR/2003-73 February 20, 2003 CUSTOMS TARIFF CIFTA Remission Order, 2003 P.C. 2003-220 February 20, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs Tariffa, hereby makes the annexed CIFTA Remission Order, 2003. a S.C. 1997, c. 36 Current to June 20, 2022 CIFTA Remission Order, 2003 Interpretation 1 In this Order goods means goods that would have been eligible for the Canada-Israel Agreement Tariff rate of duty as of December 31, 1997 had they been imported on that date, but are not eligible for that rate of duty if imported on or after January 1, 2003. Remission 2 Subject to section 3, remission is hereby granted of the customs duties paid or payable under the Customs Tariff on goods imported during the period commencing on January 1, 2003, and ending on December 31, 2005, in an amount equal to the difference between (a) the customs duties paid or payable at the MostFavoured-Nation Tariff rate or the General Preferential Tariff rate of duty for that good, as the case may be, under the Customs Tariff and the regulations made under it, as they read on January 1, 2003, and (b) the customs duties that would be payable at the Canada-Israel Agreement Tariff rate of duty for that good, as if that good qualified for that rate of duty, under the Customs Tariff and the regulations made under it, as they read on January 1, 2003. SOR/2004–316, s. 1. Condition 3 Remission is granted on condition that a claim for remission is made to the Minister of National Revenue within four years after the day on which the goods are imported. Coming into Force 4 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION China Direct Shipment Condition Exemption Order SOR/85-156 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 Order Respecting the Exemption of Goods that Originate in the People’s Republic of China from the Direct Shipment Condition 1 Short Title Exemption Condition Current to June 20, 2022 ii Registration SOR/85-156 February 8, 1985 CUSTOMS TARIFF China Direct Shipment Condition Exemption Order P.C. 1985-360 February 7, 1985 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 3.1(1.1)* of the Customs Tariff, is pleased hereby to make the annexed Order respecting the exemption of goods that are the product of the People’s Republic of China from the direct shipment condition, effective March 1, 1985. * S.C. 1983-84, c. 22, s. 1 Current to June 20, 2022 Order Respecting the Exemption of Goods that Originate in the People’s Republic of China from the Direct Shipment Condition Short Title 1 This Order may be cited as the China Direct Shipment Condition Exemption Order. SOR/88-76. Exemption 2 Subject to section 3, an exemption is hereby granted from the condition of direct shipment in paragraph 40(b) of the Customs Tariff with respect to goods that originate in the People’s Republic of China. SOR/88-76. Condition 3 Exemption pursuant to section 2 is granted on condition that (a) the goods are imported into Canada and released and accounted for under the Customs Act after January 1, 1988; (b) the goods were shipped through Hong Kong on a through bill of lading to a consignee in Canada; and (c) the importer submits to the Minister of National Revenue any documentation requested by the Minister relating to the exemption. SOR/88-76; SOR/92-685, s. 2. Current to June 20, 2022

Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.

CONSOLIDATION Canadian Livestock Feed Board Headquarters Regulations C.R.C., c. 1026 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 Regulations Designating the Headquarters of the Canadian Livestock Feed Board 1 Short Title Designation Current to June 20, 2022 ii CHAPTER 1026 LIVESTOCK FEED ASSISTANCE ACT Canadian Livestock Regulations Feed Board Headquarters Regulations Designating the Headquarters of the Canadian Livestock Feed Board Short Title 1 These Regulations may be cited as the Canadian Livestock Feed Board Headquarters Regulations. Designation 2 The City of Montreal in the Province of Quebec is designated as the City in which the headquarters of the Canadian Livestock Feed Board shall be situated. Current to June 20, 2022

CONSOLIDATION Canadian Wheat Board Direction Order [Repealed by operation of law, 2011, c. 25, s. 39] Current to June 20, 2022 Last amended on August 1, 2012 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. The last amendments came into force on August 1, 2012. 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 Last amended on August 1, 2012 TABLE OF PROVISIONS Canadian Wheat Board Direction Order Current to June 20, 2022 Last amended on August 1, 2012 ii

CONSOLIDATION Canadian Patrol Frigate Project Remission Order SI/85-94 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 Order Respecting Remission of Customs Duties and Sales Tax on Goods Imported in Connection with the Canadian Patrol Frigate Project Short Title Interpretation Remission of Sales Tax Conditions Current to June 20, 2022 ii Registration SI/85-94 June 12, 1985 FINANCIAL ADMINISTRATION ACT Canadian Patrol Frigate Project Remission Order P.C. 1985-1757 May 30, 1985 Her Excellency the Governor General in Council, considering that it is in the public interest to make the annexed remission order, is pleased hereby on the recommendation of the Minister of Finance and the Treasury Board and pursuant to section 17 of the Financial Administration Act, to make the annexed Order respecting the remission of customs duty and sales tax on goods imported in connection with the Canadian Patrol Frigate Project. Current to June 20, 2022 Order Respecting Remission of Customs Duties and Sales Tax on Goods Imported in Connection with the Canadian Patrol Frigate Project Short Title 1 This Order may be cited as the Canadian Patrol Frigate Project Remission Order. Interpretation 2 In this Order, Canadian Patrol Frigate Project means the project approved by Treasury Board Minute 789365 dated July 25, 1983 as amended by Treasury Board Minute 807287 dated December 17, 1987; (Projet de la frégate canadienne de patrouille) facilities means the shore facilities referred to in the Canadian Patrol Frigate Project and includes the management, design and construction thereof; (installations) frigates means the 12 patrol frigates referred to in the Canadian Patrol Frigate Project and includes the management, design and construction thereof; (frégates) goods means (a) materials, components and parts that are to form part of the frigates of facilities and are used in the manufacture, construction, equipping, repair, maintenance, rebuilding, modification or conversion thereof, (b) equipment and tools, and parts for equipment and tools, that are specially designed for use in testing, maintaining or operating the frigates or their parts or for training personnel to test, maintain or operate the frigates or their parts, and are so used, (c) tooling and parts thereof used in the manufacture, construction, equipping, repair, maintenance, rebuilding, modification or conversion of the frigates or facilities, and (d) manuals, books, literature and materials containing technical and other data, for use as an aid in (i) the manufacture, construction, equipping, operation, testing, repair, maintenance, rebuilding, Current to June 20, 2022 Canadian Patrol Frigate Project Remission Order Interpretation Sections 2-5 modification, or conversion of the frigates or facilities, or (ii) the procurement of goods for the Canadian Patrol Frigate Project. (marchandises) SI/88-207, s. 1. 3 Subject to section 5, remission is hereby granted of the customs duties paid or payable under the Customs Tariff in respect of goods imported during the period beginning on January 1, 1983 and ending on March 31, 1998. SI/88-207, s. 1. Remission of Sales Tax 4 Remission is hereby granted of the sales tax paid or payable under the Excise Tax Act on the goods for which customs duties are remitted by this Order in an amount equal to the difference between (a) the amount of the sales tax paid or payable on the goods; and (b) the amount of the sales tax that would have been paid or would be payable in respect of the goods if the duty paid value used to calculate the sales tax on the goods were reduced by the amount of the remission of customs duties granted under this Order. SI/88-17, s. 2(E). Conditions 5 The remission granted by this Order is subject to the following conditions: (a) a claim for remission under this Order is made to the Minister of National Revenue within three years of the date of importation of the goods; (b) an importer of goods provides to the Minister of National Revenue any reports that may be required for the administration of this Order; and (c) an importer of goods provides such information as the Minister of National Defence and the Minister of Current to June 20, 2022 Canadian Patrol Frigate Project Remission Order Conditions Section 5 Regional Industrial Expansion may require to establish that the provisions of any contract between the Crown and the Saint John Shipbuilding and Drydock Company Limited of Saint John, New Brunswick, in connection with the Canadian Patrol Frigate Project have been met. Current to June 20, 2022

CONSOLIDATION Cannabis Tracking System Order [Repealed, SOR/2019-202, s. 8] Current to June 20, 2022 Last amended on October 17, 2019 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. The last amendments came into force on October 17, 2019. 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 Last amended on October 17, 2019 TABLE OF PROVISIONS Cannabis Tracking System Order Current to June 20, 2022 Last amended on October 17, 2019 ii

Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.

CONSOLIDATION Cannabis Regulations SOR/2018-144 Current to June 20, 2022 Last amended on October 17, 2020 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. The last amendments came into force on October 17, 2020. 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 Last amended on October 17, 2020 TABLE OF PROVISIONS Cannabis Regulations Interpretation 1 Definitions — Act and Regulations Non-application 2 Non-application — Industrial Hemp Regulations Non-application — holder of cannabis drug licence PART 1 General Authorizations and Prohibition 4 Authorized activities — federal or provincial laboratory Distribution — analytical testing 5.1 Sale of cannabis containing caffeine 5.2 Sale of cannabis containing ethyl alcohol 5.3 Prohibition to sell — voluntary recall PART 2 Licensing 6 Definition of distribute Pre-licensing Requirements 7 Notice to local authorities Classes of Licences 8 Classes of licences Licence Content 9 Licence — content Possession 10 Obtaining cannabis Cultivation Licences Licences for Micro-cultivation and Standard Cultivation 11 Authorized activities Current to June 20, 2022 Last amended on October 17, 2020 ii Cannabis Regulations TABLE OF PROVISIONS Master grower Micro-cultivation — threshold Licence for Nursery 14 Authorized activities Master grower Obtaining cannabis plant seeds Processing Licences 17 Authorized activities — licence for standard processing Consumer information document Quality assurance person Minister’s approval Micro-processing — threshold Licence for Analytical Testing 22 Authorized activities Head of laboratory Minister’s approval Destruction Licence for Sale for Medical Purposes 26 Authorized activities Sale — other than clients Licence for Research 28 Authorized activities Refusal, Suspension and Revocation 29 Refusal to issue, renew or amend — other grounds Suspension — other circumstance Revocation — other circumstances Changes Relating to Licence 32 Amendment Minister’s approval Notification — various changes Notification to local authorities Cessation of activities General Requirements Relating to Authorized Activities 37 Responsible person Head of security Approved site Current to June 20, 2022 Last amended on October 17, 2020 iv Cannabis Regulations TABLE OF PROVISIONS Dwelling-house Outdoor activities Antimicrobial treatment Destruction Security clearance holder Organizational security plan — update Recall Safekeeping during distribution Identification of holder of a licence PART 3 Security Clearances 49 Definitions Requirement for security clearance Eligibility Checks Grant of security clearance Outstanding criminal charge Refusal to grant security clearance Validity period Obligation to notify — offences Suspension of security clearance Reinstatement of security clearance Cancellation of security clearance Ineligibility — new application PART 4 Physical Security Measures DIVISION 1 Licences Requiring Increased Security Measures General Provisions 62 Security measures Site Design 63 Site design Perimeter of Site 64 Visual monitoring Intrusion detection system Monitoring and response Current to June 20, 2022 Last amended on October 17, 2020 v Cannabis Regulations TABLE OF PROVISIONS Operations Areas and Storage Areas 67 Location of storage area Restricted access Physical barrier Visual monitoring Intrusion detection system Monitoring and response Retention DIVISION 2 Other Licences 74 Micro-cultivation, micro-processing and nurseries Analytical testing Cannabis drug licences Research DIVISION 3 Exemptions 78 Exemption — storage area PART 5 Good Production Practices Definitions 78.1 Definitions General Requirements 79 Sale, distribution and exportation — cannabis 79.1 Non-application — person not holding a licence 79.2 Non-application — holder of licence for analytical testing or research Standard operating procedures Pest control product 81.1 Sanitizers, agronomic inputs and non-food chemical agents Storage Distribution Building or part of building System — filtration and ventilation 85.1 Supply of water 85.2 Lighting Equipment Current to June 20, 2022 Last amended on October 17, 2020 v Cannabis Regulations TABLE OF PROVISIONS Sanitation program 87.1 Hand cleaning and hand sanitizing stations and lavatories Additional Requirements — Holder of Licence for Processing 88 Quality assurance 88.1 Competencies and qualifications 88.2 Temperature and humidity 88.3 Incompatible activities 88.4 Separation of cannabis and ingredients from contaminants 88.5 Ingredients — risk of injury to human health 88.6 Potable water 88.7 No presence of animals 88.8 Land — risk of contamination 88.9 Removal and disposal of contaminated materials and waste 88.91 Conveyances and equipment 88.92 Clothing, footwear and protective coverings 88.93 Identification and analysis of hazards 88.94 Preventive control plan Testing 89 Sale and exportation — cannabis product Testing for phytocannabinoids Testing for contaminants 91.1 Dissolution and disintegration testing Testing method PART 6 Cannabis Products General Provisions 92.1 Interpretation — residues of pest control products 92.2 Residues of pest control products — cannabis plants and seeds Dried and fresh cannabis Cannabis used in production Dissolution and disintegration Maximum quantity of THC — discrete unit Variability limits Current to June 20, 2022 Last amended on October 17, 2020 vi Cannabis Regulations TABLE OF PROVISIONS 97.1 Variability limits — divisible cannabis products Products that must not be sold or distributed 98.1 Multiple units Dried and Fresh Cannabis 99 Addition of THC or THCA Consumption by inhalation — net weight of dried cannabis Cannabis Extracts and Cannabis Topicals 101 Things injurious to health 101.1 Microbial and chemical contaminants 101.2 Maximum quantity of THC 101.3 Cannabis extract — content 101.4 Uniform distribution — cannabinoids and terpenes 101.5 Cannabis extract — external body surfaces Edible Cannabis 102 Ingredients — edible cannabis 102.1 Prohibited things 102.2 Caffeine 102.3 Ethyl alcohol 102.4 Cannabis products requiring refrigeration 102.5 Hermetically sealed containers 102.6 Irradiation 102.7 Maximum quantity of THC Cannabis Accessory or Component 103 Contamination 103.1 Flavour 103.2 Dispensing limit Psychological effects, abuse liability and toxicity PART 6.1 Promotion 104.1 Non-application — prescription drug and combination product 104.11 Flavours 104.12 Health and cosmetic benefits 104.13 Energy value and amount of nutrient 104.14 Dietary requirements 104.15 Alcoholic beverages Current to June 20, 2022 Last amended on October 17, 2020 vi Cannabis Regulations TABLE OF PROVISIONS 104.16 Tobacco products and vaping products 104.17 Place where young persons are not permitted 104.18 Number of brand elements 104.19 Public place frequented mainly by young persons 104.2 Dimensions of brand element PART 7 Packaging and Labelling Definitions 105 Definitions General Provisions 106 Requirement — sale and distribution of cannabis product Exception — shipping container Packaging — Cannabis Products 108 Immediate container Cannabis plant — not budding or flowering Cannabis plant seeds — immediate container Brand element Image Uniform colour Texture Hidden features Scent and sound Covering — brand element Covering — image or information Covering — transparent and colourless Cut-out window Bar code 122.1 Wrapper 122.2 Packaging requirements — other Regulations 122.3 Maximum quantity — cannabis extract 122.4 Outermost container 122.5 Control measures for dispensing cannabis extract Labelling — Cannabis Products 123 Information 123.1 Wrapper Dried cannabis or fresh cannabis — discrete units and not intended for inhalation Current to June 20, 2022 Last amended on October 17, 2020 ix Cannabis Regulations TABLE OF PROVISIONS 124.1 Dried cannabis or fresh cannabis — discrete units and intended for inhalation Dried cannabis or fresh cannabis — not in discrete units Cannabis plants Cannabis plant seeds Presentation of information — general requirement Representation resembling standardized cannabis symbol Insert or leaflet 132.1 Cannabis extract — discrete units and not intended for inhalation 132.11 Cannabis extract — discrete units and intended for inhalation 132.12 Cannabis extract — not in discrete units 132.13 Flavours — cannabis extract 132.14 List of ingredients — cannabis extract 132.15 Cannabis topical — discrete units 132.16 Cannabis topical — not in discrete units 132.17 List of ingredients – cannabis topical 132.18 Edible cannabis — discrete units 132.19 Edible cannabis — not in discrete units 132.2 Durable life date required 132.21 List of ingredients – edible cannabis 132.22 Nutrition facts table 132.23 Presentation of source of food allergen 132.24 Declaration on risk of cross-contamination 132.25 Presentation of food allergen statement 132.26 Constituents not required to be shown on label 132.27 Small immediate container 132.28 Prohibited representation — health and cosmetic benefits 132.29 Prohibited representation — energy value and amount of nutrient 132.3 Prohibited representation — dietary requirements 132.31 Prohibited representation — alcoholic beverages 132.32 Prohibited representation — tobacco products and vaping products 132.33 Non-application — name and email address 132.34 Standardized cannabis symbol on cannabis product intended for inhalation Current to June 20, 2022 Last amended on October 17, 2020 x Cannabis Regulations TABLE OF PROVISIONS Cannabis Product Accuracy Rules 133 Net weight and volume Number of discrete units 134.1 Number of immediate containers Number of cannabis plants Number of cannabis plant seeds Labelling — Cannabis Other than Cannabis Products 137 Requirement — cannabis other than a cannabis product Information PART 8 Drugs Containing Cannabis Definitions 139 Definitions DIVISION 1 Licence Activities 140 Authorized activities Use of organic solvent Sale Presence of qualified person in charge Antimicrobial treatment Destruction — holder of a cannabis drug licence Licence Issuance 147 Licence — content Amendment Individuals in Charge 149 Senior person in charge Qualified person in charge Ineligibility Changes 152 Minister’s approval Notification — various changes Cessation of activities Refusal, suspension and revocation 155 Other grounds for refusal Current to June 20, 2022 Last amended on October 17, 2020 x Cannabis Regulations TABLE OF PROVISIONS Suspension — other circumstance Revocation — other circumstances Security 158 Security obligations DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals General Provisions 159 Possession — Person Possession — quantity allowed Authorization Promotion — communication of brand name, etc. Exemption — section 21 of Act Exemption — section 22 of Act Exemption — subsection 23(1) of Act Authorization – drug for veterinary use Authorization — drug appealing to young person Authorization — drug not in Schedule 4 Authorization — drug containing a substance in Schedule 5 Pharmacists 170 Record keeping Sale, distribution and administration Return and destruction Drug given by individual Prohibited activities Distribution — hospital Security obligations Record keeping Sale and distribution for emergency purposes Retention period Factual information Notice — prohibition to sell or distribute Retraction of notice Practitioners 183 Sale, distribution and administration Return and destruction Security obligations Record keeping Current to June 20, 2022 Last amended on October 17, 2020 xi Cannabis Regulations TABLE OF PROVISIONS Retention period Factual information Notice — prohibition Retraction of notice Hospitals 191 Record keeping Security obligations Sale, distribution and administration Return and destruction Retention period PART 9 Combination Products and Devices 196 Definitions Authorization Exemption — section 21 of Act Exemption — section 22 of Act Exemption — subsection 23(1) of Act Authorization — combination product for veterinary use Authorization — combination product PART 10 Importation and Exportation for Medical or Scientific Purposes Definitions 203 Definitions Importation 204 Import permit Import permit — content Refusal to issue — other grounds Period of validity Provision of copy of import permit Information Transportation of imported cannabis Revocation — other circumstances Disclosure of information Exportation 213 Export permit Export permit — content Current to June 20, 2022 Last amended on October 17, 2020 xi Cannabis Regulations TABLE OF PROVISIONS Refusal to issue — other grounds Period of validity Provision of copy of export permit Information Revocation — other circumstances Disclosure of information PART 11 Retention of Documents and Information General Provisions 221 Manner of retention Requirement to continue to retain Notices 223 Retention of notices Inventory and Distribution 224 Inventory Inventory — cannabis extract, etc. Cannabis obtained from another person 226.1 Things to be used as ingredients Sale, distribution and export of cannabis Antimicrobial treatment Destruction 229 Destruction of cannabis Security 230 Organizational security plan Production 231 Good production practices Standard operating procedures and sanitation program Packaging and Labelling 233 Packages and labels Cannabis Accessories 234 Cannabis accessories System of Control for Recalls 235 System of control Promotion 236 Promotion Current to June 20, 2022 Last amended on October 17, 2020 xi Cannabis Regulations TABLE OF PROVISIONS Research and Development 237 Research and development Limit for Micro-processing Licence 238 Limit — micro-processing licence Import and Export 239 Import of cannabis Export of cannabis Key Investors 241 Record of key investors PART 12 Reporting and Disclosure Documents and Information Provided to Minister 242 Form and manner Request by Minister Notice — new cannabis product Information related to promotion Theft or loss of cannabis Voluntary recall Adverse reactions Disclosure of Information to Third Parties 249 Notices to local authorities Disclosure to province International Narcotics Control Board Competent authorities PART 13 Test Kits 253 Exemption — Division 2 of Part 1 of Act Non-application Sale, importation and exportation Individual — possession and distribution Organization — possession and distribution Application for registration number Additional information Issuance of a registration number Current to June 20, 2022 Last amended on October 17, 2020 xv Cannabis Regulations TABLE OF PROVISIONS Cancellation Refusal or cancellation Application for new number PART 14 Access to Cannabis for Medical Purposes Interpretation 264 Definitions Non-application 265 Drugs containing cannabis Possession 266 Possession in public place — adults Possession — young persons Cumulative quantities Distribution 269 Distribution of cannabis Non-application of Section 71 of Act 270 Non-application of section 71 of Act Health Care Practitioners 271 Prohibition Authorization — health care practitioner Medical document Written order General Prohibitions 275 Alteration of documents Obtaining from more than one source DIVISION 1 Holders of Licence for Sale Notice to Licensing Authorities 277 Notice to licensing authorities Registration of Clients 278 Eligibility — client Registration application Health care practitioner’s consent Verification of medical document Registration of client Expiry of registration Current to June 20, 2022 Last amended on October 17, 2020 xv Cannabis Regulations TABLE OF PROVISIONS Refusal to register Amendment to Registration 285 Amendment to registration Revocation of Registration 286 Revocation of registration Transfer of Medical Documents 287 Transfer of medical document Indication of Date of Registration 288 Requirement to indicate date of registration Sale of Cannabis to Clients 289 Authorization to sell Refusal — purchase order Sending or delivery — client Return and Replacement of Cannabis 292 Return of cannabis products Replacement of returned cannabis Sale, Display and Promotion to Young Persons 294 Sale of cannabis accessories to young persons Display — young persons Promotion of cannabis products — young persons Reports to Minister 297 Monthly reports Disclosure to Third Parties 298 Disclosure to police Disclosure to licensing authority Quarterly reports Retention of Documents 301 Verifications Documents relating to registration Steps — young persons Purchase orders Communications with licensing authorities DIVISION 2 Registration with Minister Interpretation 306 Adjacent land Current to June 20, 2022 Last amended on October 17, 2020 xv Cannabis Regulations TABLE OF PROVISIONS General Provisions 307 Signature and statement Additional information SUBDIVISION A Registration, Renewal, Amendment and Revocation 309 Eligibility – registered person Single registration Eligibility — designated person Registration application Registration with Minister 313.1 Expiry of registration Application to renew registration Application to amend registration Consequences of renewal or amendment Refusal to register, renew or amend Revocation of registration Notice of revocation SUBDIVISION B Production 320 Definition of production site Production by registered person Production by designated person Participation by registered person Former designated person Maximum number of plants Prohibition — production of plants SUBDIVISION C Security Obligations 327 Security of cannabis and documents SUBDIVISION D Disclosure of Information 328 Disclosure to licensing authorities Disclosure to police DIVISION 3 Health Professionals and Hospitals Health Care Practitioners 330 Security of cannabis products Current to June 20, 2022 Last amended on October 17, 2020 xv Cannabis Regulations TABLE OF PROVISIONS Returned cannabis products Former health care practitioner Disclosure to licensing authority Definition of health care practitioner Notice from Minister Retraction of notice Pharmacists 337 Prohibitions — notified pharmacies Prohibition — dispensing Hospital pharmacists Retention of documents Former pharmacists Security of cannabis products Disclosure to licensing authority Notice from Minister Retraction of notice Hospitals 346 Definition of distribute Security of cannabis products Administration, distribution and sale Possession — hospital employees Return and replacement Retention of documents Cessation of operations — hospital Nurses 353 Disclosure to nursing statutory body PART 15 Transitional Provisions 354 Licences — former Access to Cannabis for Medical Purposes Regulations Licences — Narcotic Control Regulations Non-application — sections 12, 15, 23 and 38 Quality assurance person Senior person in charge Security clearance Packaging and labelling Individual in charge of premises Current to June 20, 2022 Last amended on October 17, 2020 xi Cannabis Regulations TABLE OF PROVISIONS Registration document Exemptions — Controlled Drugs and Substances Act Retention — Controlled Drugs and Substances Act Extension of time for compliance PART 16 Consequential Amendments and Coming into Force Consequential Amendments Food and Drug Regulations Medical Devices Regulations Natural Health Products Regulations Cannabis Exemption (Food and Drugs Act) Regulations Cannabis Regulations Coming into Force *375 S.C. 2018, c. 16. Current to June 20, 2022 Last amended on October 17, 2020 xx Registration SOR/2018-144 June 27, 2018 FOOD AND DRUGS ACT CONTROLLED DRUGS AND SUBSTANCES ACT CANNABIS ACT Cannabis Regulations P.C. 2018-948 June 26, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1)a of the Food and Drugs Actb, subsection 55(1)c of the Controlled Drugs and Substances Actd and subsection 139(1) and section 161 of the Cannabis Acte, makes the annexed Cannabis Regulations. a S.C. 2016, c. 9, s. 8 b R.S., c. F-27 c S.C. 2017, c. 7, s. 40 d S.C. 1996, c. 19 e S.C. 2018, c. 16 Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Definitions — Act and Regulations 1 (1) The following definitions apply in the Act and in these Regulations. cannabis concentrate means a substance that has a concentration of greater than 3% w/w of THC, taking into account the potential to convert THCA into THC. (cannabis sous forme de concentré) cannabis extract means (a) a substance produced by (i) subjecting anything referred to in item 1 of Schedule 1 to the Act to extraction processing, or (ii) synthesizing a substance that is identical to a phytocannabinoid produced by, or found in, a cannabis plant; or (b) a substance or mixture of substances that contains or has on it a substance produced in a manner referred to in paragraph (a). It does not include a cannabis topical or edible cannabis. (extrait de cannabis) cannabis non-solid concentrates [Repealed, SOR/ 2019-206, s. 1] cannabis oil [Repealed, SOR/2019-206, s. 1] cannabis solid concentrates [Repealed, SOR/2019-206, s. 1] cannabis topical means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended for use, directly or indirectly, exclusively on external body surfaces, including hair and nails. (cannabis pour usage topique) edible cannabis means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended to be consumed in the same manner as food. It does not include dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds. (cannabis comestible) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 fresh cannabis means freshly harvested cannabis buds and leaves, but does not include plant material that can be used to propagate cannabis. (cannabis frais) non-solids containing cannabis means substances that are in non-solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (substances qui ne sont pas solides et qui contiennent du cannabis) solids containing cannabis means substances that are in solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (solides qui contiennent du cannabis) Definitions — Regulations (2) The following definitions apply in these Regulations. Act means the Cannabis Act. (Loi) cannabis drug licence means a licence for a drug containing cannabis. (Version anglaise seulement) cannabis product means cannabis of only one of the classes set out in Schedule 4 to the Act — or a cannabis accessory that contains such cannabis — after it has been packaged and labelled for sale to a consumer at the retail level. It does not include (a) cannabis that is intended for an animal; (b) a cannabis accessory that contains cannabis that is intended for an animal; or (c) a drug containing cannabis. (produit du cannabis) CBD means cannabidiol. (CBD) CBDA means cannabidiolic acid. (ACBD) client means, in respect of a holder of a licence for sale for medical purposes, an individual who is registered with that holder of the licence under subsection 282(1). (client) combination product means a product, consisting of a device and a prescription drug, for which a drug identification number has been assigned under subsection C.01.014.2(1) of the Food and Drug Regulations. (produit mixte) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 common-law partner means an individual who is cohabiting with an individual in a conjugal relationship, having done so for a period of at least one year. (conjoint de fait) common name [Repealed, SOR/2019-206, s. 1] constituent means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient. (constituant) contaminated means, in respect of cannabis, a cannabis accessory or an ingredient, containing or having on it anything — including a micro-organism but excluding anything referred to in item 1 or 3 of Schedule 1 to the Act — that may render the cannabis, cannabis accessory or ingredient injurious to human health or unsuitable for human use. (contaminé) controlled substance offence means (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction relative à une substance désignée) device has the same meaning as in section 2 of the Food and Drugs Act. (instrument) drug has the same meaning as in section 2 of the Food and Drugs Act, but excludes cannabis that is (a) a natural health product to which the Natural Health Products Regulations apply; or (b) manufactured or sold — within the meaning of section 2 of the Food and Drugs Act — and is not represented, for use in (i) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings, or (ii) restoring, correcting or modifying organic functions in human beings. It includes cannabis that is an active pharmaceutical ingredient as defined in subsection C.01A.001(1) of the Food and Drug Regulations or that is manufactured or sold for use in a clinical trial as defined in section C.05.001 of those Regulations. (drogue) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 durable life means the period, commencing on the day on which a cannabis product is packaged for sale to a consumer at the retail level, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, normal palatability and any other qualities claimed for it by the holder of a licence for processing that manufactured the product. (durée de conservation) durable life date means the date on which the durable life of a cannabis product ends. (date limite de conservation) export permit means a permit issued under subsection 62(1) of the Act that authorizes the exportation of cannabis for medical or scientific purposes. (permis d’exportation) food has the same meaning as in section 2 of the Food and Drugs Act. (aliment) food additive means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of, or affecting the characteristics of, a food or edible cannabis, but does not include (a) anything referred to in item 1 or 3 of Schedule 1 to the Act; or (b) anything that is excluded from the definition food additive in subsection B.01.001(1) of the Food and Drug Regulations. (additif alimentaire) former Access to Cannabis for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2016-743 of August 5, 2016 and registered as SOR/2016-230. (ancien Règlement sur l’accès au cannabis à des fins médicales) former Industrial Hemp Regulations means the regulations made by Order in Council P.C. 1998-352 of March 12, 1998 and registered as SOR/98-156. (ancien Règlement sur le chanvre industriel) grow area means, in respect of a site set out in a licence, an area of the site where cannabis plants are cultivated, harvested or propagated. (zone de culture) hospital means, except in Part 8, a facility (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals suffering from any form of disease or illness; or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital) immediate container means a container that is in direct contact with cannabis or a cannabis accessory that is a cannabis product or, if a wrapper is in direct contact with the cannabis or the cannabis accessory, with the wrapper. (contenant immédiat) import permit means a permit issued under subsection 62(1) of the Act that authorizes the importation of cannabis for medical or scientific purposes. (permis d’importation) ingestion includes absorption in the mouth. (ingestion) ingredient means (a) in the case of a cannabis extract or a cannabis topical, a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act, that is used to produce the cannabis extract or cannabis topical, including any substance used in the manufacture of that substance, and that is present in the final form of the cannabis extract or cannabis topical; and (b) in the case of edible cannabis, (i) a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act, (A) that is used to produce the edible cannabis if the use of the substance results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or (B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or (ii) a mixture of substances, other than anything referred to in item 1 or 3 of Schedule 1 to the Act, (A) that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the mixture or its byproducts becoming a part of, or affecting the characteristics of, the edible cannabis, or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 (B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the latter mixture results, or may reasonably be expected to result, in the former mixture or its byproducts becoming a part of, or affecting the characteristics of, the edible cannabis. (ingrédient) licence means a licence issued under subsection 62(1) of the Act in relation to cannabis. (licence) operations area means, in respect of a site set out in a licence, an area of the site — other than a storage area — where cannabis is present as a result of any activities conducted under a licence. It includes a grow area. (zone d’exploitation) pest control product has the same meaning as in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire) pharmacist means an individual who is entitled under the laws of a province to practise pharmacy and who is practising pharmacy in that province. (pharmacien) point means the unit of measurement for type size that is known as a PostScript point and is equal to 0.3527777778 mm. (point) potential to convert CBDA into CBD means the maximum amount of CBD that would be obtained if CBDA was converted into CBD with no further degradation of CBD. (potentiel de transformation de l’ACBD en CBD) potential to convert THCA into THC means the maximum amount of THC that would be obtained if THCA was converted into THC with no further degradation of THC. (potentiel de transformation de l’ATHC en THC) prescription has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (ordonnance) prescription drug means a drug (a) that contains cannabis; (b) that is a prescription drug, as defined in section A.01.010 of the Food and Drug Regulations; and (c) for which a drug identification number has been assigned under subsection C.01.014.2(1) of the Food and Drug Regulations. (drogue sur ordonnance) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Section 1 proper name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom propre) security clearance means, except in paragraph 53(2)(g), a security clearance granted by the Minister under section 67 of the Act and includes, for the purpose of paragraph 53(2)(e), a security clearance granted under section 112 of the former Access to Cannabis for Medical Purposes Regulations. (habilitation de sécurité) site means, in respect of a holder of a licence, an area that is used exclusively by the holder and that consists of at least one building or one part of a building. (lieu) storage area means, in respect of a site set out in a licence, an area of the site where cannabis is stored. (zone d’entreposage) sugars has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (sucres) test kit means a kit (a) that contains (i) cannabis, and (ii) a reagent system or buffering agent, or both; (b) that is designed to be used during the course of a chemical or analytical procedure to test for the presence or quantity of cannabis for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and (c) the contents of which are not intended or likely to be consumed or administered. (nécessaire d’essai) THC means delta-9-tetrahydrocannabinol. (THC) THCA means (ATHC ) delta-9-tetrahydrocannabinolic acid. Incorporation by reference (3) For the purpose of the incorporation by reference into these Regulations of any documents published by the Government of Canada, terms that are used but not defined in those documents have the same meaning as in these Regulations. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations Interpretation Sections 1-4 Deeming — immediate container (4) For the purposes of these Regulations, a cannabis accessory that contains edible cannabis in liquid form at a temperature of 22 ± 2°C and that is a cannabis product is deemed to be an immediate container. SOR/2019-206, s. 1. Non-application Non-application — Industrial Hemp Regulations 2 These Regulations do not apply to a holder of a licence that is subject to the Industrial Hemp Regulations, or to an applicant for such a licence. Non-application — holder of cannabis drug licence 3 Subsection 10(1), sections 29 to 48 and Parts 5 and 7 do not apply to a holder of a cannabis drug licence referred to in Part 8, or to an applicant for such a licence. PART 1 General Authorizations and Prohibition Authorized activities — federal or provincial laboratory 4 (1) Individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is operated by the Government of Canada or the government of a province are authorized to conduct the following activities to the extent necessary to conduct the testing: (a) to possess cannabis; (b) to obtain cannabis by altering its chemical or physical properties by any means; (c) in the case of seed viability testing, to obtain cannabis by cultivating it; (d) to distribute cannabis to other individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is operated by the Government of Canada or the government of a province; (e) to distribute cannabis to the individuals referred to in subsection (4); and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 1 General Authorizations and Prohibition Sections 4-5.1 (f) to distribute cannabis to the holder of a licence for analytical testing. Offer (2) An individual who conducts an activity referred to in paragraph (1)(b) or (c) is also authorized to offer to conduct that activity. Use of organic solvent (3) An individual who conducts an activity referred to in paragraph (1)(b) is also authorized to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity. Authorized activities — accredited laboratory (4) Individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is designated as an accredited laboratory under section 2.1 of the Seeds Act are authorized to conduct the activities referred to in paragraphs (1)(a) and (c) to (f), and to offer to conduct the activity referred to in paragraph (1)(c), to the extent necessary to conduct the testing. SOR/2018-144, s. 374; SOR/2019-206, s. 2. Distribution — analytical testing 5 An individual is authorized to distribute cannabis to a holder of a licence for analytical testing if the quantity of cannabis does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act. Sale of cannabis containing caffeine 5.1 For the purposes of subsection 34(1) of the Act, (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine and the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg: (i) a holder of a licence for processing that authorizes the sale of cannabis, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 1 General Authorizations and Prohibition Sections 5.1-5.2 (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis. SOR/2019-206, s. 3. Sale of cannabis containing ethyl alcohol 5.2 (1) For the purposes of subsection 34(1) of the Act, (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell a cannabis extract that is not a cannabis product and that contains ethyl alcohol; and (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell a cannabis extract that is a cannabis product and that contains ethyl alcohol if the cannabis extract is intended to be ingested and the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g: (i) a holder of a licence for processing that authorizes the sale of cannabis, (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis. Edible cannabis (2) For the purposes of subsection 34(1) of the Act, (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains ethyl alcohol; and (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains ethyl alcohol if the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis: (i) a holder of a licence for processing that authorizes the sale of cannabis, (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 1 General Authorizations and Prohibition Sections 5.2-7 (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis. SOR/2019-206, s. 3. Prohibition to sell — voluntary recall 5.3 A person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis must not sell a cannabis product that they know is the subject of a voluntary recall in Canada that has been commenced for reasons respecting (a) the quality of the cannabis product; or (b) the applicable requirements of Part 5 or 6 are otherwise not being met. SOR/2019-206, s. 3. PART 2 Licensing Definition of distribute 6 In this Part, distribute does not include administering. Pre-licensing Requirements Notice to local authorities 7 (1) Before submitting an application to the Minister for a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis, the person that intends to submit the application must provide a written notice to the following authorities in the area in which the site referred to in the application is located: (a) the local government; (b) the local fire authority; and (c) the local police force or the Royal Canadian Mounted Police detachment that is responsible for providing policing services to that area. Content of notice (2) The notice must contain the following information: (a) the person’s name; (b) the date on which the person expects to submit the application; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Pre-licensing Requirements Sections 7-8 (c) the class and the subclass of licence that will be sought, the activity that the person expects to conduct under the licence and an indication that the activity will be conducted in relation to cannabis; and (d) the address of the site where the person proposes to conduct the activities and, if applicable, of each building within the site. Senior official (3) The notice must be addressed to a senior official of the local authority to which it is provided. Definition of local government (4) In this section, local government includes (a) an incorporated city, metropolitan area, town, village or other municipality; (b) an authority responsible for delivering municipal services that are related to the activities to be conducted under the licence to an unincorporated city, metropolitan area, town, village or other municipality; (c) a band, as defined in subsection 2(1) of the Indian Act; and (d) a First Nation, Métis or Inuit government that is party to a self-government or land claims agreement that is given effect by an Act of Parliament, or a First Nation, Métis or Inuit government established under a provincial Act. Classes of Licences Classes of licences 8 (1) The following, among others, are established as classes of licences that authorize activities in relation to cannabis: (a) a licence for cultivation; (b) a licence for processing; (c) a licence for analytical testing; (d) a licence for sale; (e) a licence for research; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Classes of Licences Sections 8-9 (f) a cannabis drug licence. Drug containing cannabis (2) Despite subsection (1), the licences referred to in paragraphs (1)(a), (b) and (d) authorize activities in relation to cannabis, other than a drug containing cannabis. Subclasses — cultivation (3) The following, among others, are established as subclasses of a licence for cultivation: (a) a licence for micro-cultivation; (b) a licence for standard cultivation; and (c) a licence for a nursery. Subclasses — processing (4) The following, among others, are established as subclasses of a licence for processing: (a) a licence for micro-processing; and (b) a licence for standard processing. Subclasses — sale (5) A licence for sale for medical purposes is established as a subclass, among others, of a licence for sale. Licence Content Licence — content 9 A licence, other than a licence referred to in paragraph 8(1)(f), must set out the following information: (a) the name of the holder of the licence; (b) the licence number; (c) the class of the licence and, if applicable, the subclass of the licence; (d) the address of the site where the activity is authorized and, if applicable, of each building within the site; (e) the authorized activity at the site and, if applicable, the authorized activity that may be conducted at each building within the site; (f) any conditions that the Minister considers appropriate; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Licence Content Sections 9-11 (g) the effective date of the licence; and (h) the date of expiry of the licence. Possession Obtaining cannabis 10 (1) Subject to the other provisions of these Regulations, a holder of a licence that authorizes the possession of cannabis must only possess cannabis that was obtained in accordance with the former Access to Cannabis for Medical Purposes Regulations, the former Industrial Hemp Regulations or the Industrial Hemp Regulations or that is obtained in accordance with these Regulations or from a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis. Exception — licence for cultivation (2) A holder of a licence for cultivation is authorized to possess cannabis plants and cannabis plant seeds that were not obtained in accordance with subsection (1) if the holder had submitted to the Minister, with the licence application, a declaration, signed and dated by the individual who signed and dated the application, indicating the quantity of such cannabis plants and cannabis plant seeds that they will have in their possession on the effective date of the licence. Authorized quantity (3) The quantity of cannabis plants and cannabis plant seeds that the holder is authorized to possess under subsection (2) must be equal to the amount indicated in the declaration. SOR/2019-206, s. 4. Cultivation Licences Licences for Micro-cultivation and Standard Cultivation Authorized activities 11 (1) Subject to the other provisions of these Regulations, a holder of a licence for micro-cultivation or standard cultivation is authorized to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis; (b) to obtain dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds by cultivating, propagating and harvesting cannabis; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Cultivation Licences Licences for Micro-cultivation and Standard Cultivation Section 11 (c) for the purpose of testing, to obtain cannabis by altering its chemical or physical properties by any means; and (d) to sell cannabis. Offer (2) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized to offer to conduct that activity. Ancillary activities (3) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized, to the extent necessary to conduct that activity, to conduct ancillary activities such as drying, trimming and milling cannabis. Use of organic solvent (4) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(c) is also authorized to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity. Sale (5) A holder of a licence for micro-cultivation or standard cultivation whose licence authorizes the sale of cannabis is authorized to conduct the following activities: (a) to sell and distribute dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds to any of the following: (i) a holder of a licence for micro-cultivation or standard cultivation, (ii) a holder of a licence for processing, (iii) a holder of a licence for analytical testing, (iv) a holder of a licence for research, (v) a holder of a cannabis drug licence, (vi) the Minister, (vii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed; or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Cultivation Licences Licences for Micro-cultivation and Standard Cultivation Sections 11-12 (viii) the individuals referred to in section 4; (b) to sell and distribute cannabis plants and cannabis plant seeds to a holder of a licence for a nursery; (c) to sell and distribute cannabis plants and cannabis plant seeds, that are cannabis products, to (i) a holder of a licence for sale, or (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and (d) to send and deliver cannabis plants and cannabis plant seeds, that are cannabis products, to the purchaser of the products at the request of (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or (ii) a holder of a licence for sale. Client’s shipping address (6) If a holder of a licence for micro-cultivation or standard cultivation sends or delivers cannabis plants and cannabis plant seeds under subparagraph (5)(d)(ii) the sale of such products under section 289, the holder must send or deliver the products to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes. SOR/2019-206, s. 5. Master grower 12 (1) A holder of a licence for micro-cultivation or standard cultivation must retain the services of one individual as a master grower. Responsibilities and knowledge (2) The master grower is responsible for the cultivation, propagation and harvesting of cannabis and must have sufficient knowledge of the provisions of the Act and these Regulations in relation to those activities. Alternate (3) A holder of a licence for micro-cultivation or standard cultivation may designate one individual as the alternate master grower who is qualified to replace the master grower. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Cultivation Licences Licences for Micro-cultivation and Standard Cultivation Sections 13-14 Micro-cultivation — threshold 13 (1) A holder of a licence for micro-cultivation (a) must clearly delineate a surface area that does not exceed 200 m2 in which all the cannabis plants, including all the parts of the plants, must be contained; and (b) must cultivate, propagate or harvest cannabis plants only from that surface area. Surface area — calculation (2) If the surface area referred to in paragraph (1)(a) consists of multiple surfaces, such as surfaces arranged above one another, the area of each surface must be included in the calculation of the total surface area. Licence for Nursery Authorized activities 14 (1) Subject to the other provisions of these Regulations, a holder of a licence for a nursery is authorized to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis; (b) to obtain cannabis plants or cannabis plant seeds by cultivating, propagating and harvesting cannabis; (c) for the purpose of testing, to obtain cannabis by altering its chemical or physical properties by any means; and (d) to sell cannabis. Offer (2) A holder of a licence for a nursery that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized to offer to conduct that activity. Ancillary activity (3) A holder of a licence for a nursery that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized, to the extent necessary to conduct that activity, to conduct ancillary activities such as drying cannabis. Use of organic solvent (4) A holder of a licence for a nursery that is authorized to conduct the activity referred to in paragraph (1)(c) is also authorized to alter the chemical or physical Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Cultivation Licences Licence for Nursery Section 14 properties of cannabis by the use of an organic solvent when conducting that activity. Sale (5) A holder of a licence for a nursery whose licence authorizes the sale of cannabis is authorized to conduct the following activities: (a) to sell and distribute cannabis plants and cannabis plant seeds to any of the following: (i) a holder of a licence for cultivation, (ii) a holder of a licence for processing, (iii) a holder of a licence for analytical testing, (iv) a holder of a licence for research, (v) a holder of a cannabis drug licence, (vi) the Minister, (vii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed, or (viii) the individuals referred to in section 4; (b) to sell and distribute cannabis plants and cannabis plant seeds, that are cannabis products, to the following: (i) a holder of a licence for sale, or (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and (c) to send and deliver cannabis plants and cannabis plant seeds, that are cannabis products, to the purchaser of the products at the request of (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or (ii) a holder of a licence for sale. Client’s shipping address (6) If a holder of a licence for a nursery sends or delivers cannabis plants and cannabis plant seeds under subparagraph (5)(c)(ii) further to the sale of such products under section 289, the holder must send or deliver the products Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Cultivation Licences Licence for Nursery Sections 14-17 to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes. SOR/2019-206, s. 6. Master grower 15 (1) A holder of a licence for a nursery must retain the services of one individual as a master grower. Responsibilities and knowledge (2) The master grower is responsible for the cultivation, propagation and harvesting of cannabis and must have sufficient knowledge of the provisions of the Act and these Regulations in relation to those activities. Alternate (3) A holder of a licence for a nursery may designate one individual as the alternate master grower who is qualified to replace the master grower. Obtaining cannabis plant seeds 16 (1) A holder of a licence for a nursery that cultivates cannabis for the purpose of obtaining cannabis plant seeds must (a) clearly delineate a total surface area that does not exceed 50 m2 in which all the budding or flowering cannabis plants, including all the parts of those plants, must be contained; (b) not possess more than 5 kg of flowering heads harvested from the plants referred to in paragraph (a), with the exception of the cannabis plant seeds; and (c) destroy the flowering heads — with the exception of the cannabis plant seeds — leaves and branches of the plants referred to in paragraph (a) within 30 days of harvesting them. Surface area — calculation (2) If the surface area referred to in paragraph (1)(a) consists of multiple surfaces, such as surfaces arranged above one another, the area of each surface must be included in the calculation of the total surface area. Processing Licences Authorized activities — licence for standard processing 17 (1) Subject to the other provisions of these Regulations, a holder of a licence for standard processing is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Section 17 authorized to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis; (b) to produce cannabis, other than obtain it by cultivating, propagating or harvesting it; and (c) to sell cannabis. Authorized activities — licence for micro-processing (2) Subject to the other provisions of these Regulations, a holder of a licence for micro-processing is authorized to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis; (b) to produce cannabis, other than obtain it by (i) synthesis, or (ii) cultivating, propagating or harvesting it; and (c) to sell cannabis. Offer (3) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph (1)(b) or (2)(b) is also authorized to offer to obtain cannabis by any method authorized by the licence. Use of organic solvent (4) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph 1(b) or (2)(b) is also authorized to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity. Sale (5) A holder of a licence for micro-processing or standard processing whose licence authorizes the sale of cannabis is authorized to conduct the following activities: (a) to sell and distribute cannabis to any of the following: (i) a holder of a licence for processing, (ii) a holder of a licence for analytical testing, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Section 17 (iii) a holder of a licence for research, (iv) a holder of a cannabis drug licence, (v) the Minister, (vi) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or a class of cannabis that is sold or distributed, or (vii) the individuals referred to in section 4; (b) to sell and distribute the following cannabis to a holder of a licence for micro-cultivation or standard cultivation: (i) dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, or (ii) any cannabis that was obtained or produced for the purpose of conducting testing that is necessary to determine the chemical characterization of cannabis; (c) to sell and distribute the following cannabis to a holder of a licence for a nursery: (i) cannabis plants and cannabis plant seeds, or (ii) cannabis that was obtained or produced for the purpose of conducting testing that is necessary to determine the chemical characterization of cannabis; (d) to sell and distribute cannabis products to the following: (i) a holder of a licence for sale, or (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and (e) to send and deliver cannabis products to the purchaser of the products at the request of (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or (ii) a holder of a licence for sale. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Sections 17-19 Client’s shipping address (6) If a holder of a licence for micro-processing or standard processing sends or delivers cannabis products under subparagraph (5)(e)(ii) further to the sale of such products under section 289, the holder must send or deliver the products to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes. SOR/2019-206, s. 7. Consumer information document 18 (1) A holder of a licence for processing must ensure that each shipment of a cannabis product, other than cannabis plants and cannabis plant seeds, is accompanied by copies of the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website, in a number that is equal to or greater than the number of cannabis products in the shipment in the following cases: (a) the sale or distribution of cannabis products to a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and (b) the sending or delivering of cannabis products under paragraph 17(5)(e). Exception (2) Subsection (1) does not apply if the holder sells or distributes the product to a person referred to in paragraph (1)(a) and that person has notified the holder in writing, that they will obtain the copies through other means and provide it to consumers with their purchase of the product. No modification (3) The copies must be identical to the document referred to in subsection (1). SOR/2019-206, s. 8. Quality assurance person 19 (1) A holder of a licence for processing must retain the services of one individual as a quality assurance person who has the training, experience and technical knowledge related to the requirements of Parts 5 and 6 that are applicable to the class of cannabis in respect of which activities are conducted under the licence. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Sections 19-20 Exception — edible cannabis (1.1) Despite subsection (1), if the quality assurance person does not have the training, experience and technical knowledge related to the requirements of Parts 5 and 6 that are applicable to edible cannabis, the holder of a licence for processing that conducts activities in respect of that class of cannabis must retain the services of another individual who has that training, experience and technical knowledge. Responsibilities (2) The quality assurance person is responsible for (a) assuring the quality of the cannabis before it is made available for sale; (b) investigating every complaint received in respect of the quality of the cannabis and, if necessary, immediately taking measures to mitigate any risk; and (c) if they suspect, on reasonable grounds, that the cannabis or anything that will be used as an ingredient presents a risk of injury to human health or that the applicable requirements of Part 5 or 6 are otherwise not being met, immediately investigating the matter and, if necessary, immediately taking measures to mitigate any risk. Alternate (3) A holder of a licence for processing may designate up to two individuals as alternate quality assurance persons who are qualified to replace the quality assurance person. Non-application (4) Subsections (1) to (3) do not apply to a holder of a licence for processing that only manufactures or assembles test kits. SOR/2019-206, s. 9. Minister’s approval 20 (1) A holder of a licence for processing must obtain the Minister’s approval before (a) designating or replacing an alternate quality assurance person; and (b) replacing the quality assurance person by an individual, other than by the alternate quality assurance person. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Sections 20-21 Application — content (2) The holder of a licence for processing must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following: (a) the name and date of birth of the proposed alternate quality assurance person or the proposed quality assurance person; (b) a description of the proposed quality assurance person’s or the proposed alternate quality assurance person’s qualifications in respect of the matters referred to in subsection 19(1); and (c) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the application is correct and complete to the best of their knowledge. Additional information (3) The Minister may, on receiving an application for approval, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. Micro-processing — threshold 21 (1) A holder of a licence for micro-processing must not possess, in a calendar year, cannabis of one or more classes of cannabis — other than cannabis plants and cannabis plant seeds — that has been sold or distributed to them the total amount of which, as determined in accordance with the table to this section, is equivalent to more than 600 kg of dried cannabis. Equivalency (2) The cannabis referred to in subsection (1) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to this section in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis. Non-application (3) Subsection (1) does not apply if the holder also holds a licence for micro-cultivation in relation to the same site and the cannabis that is sold or distributed to them is exclusively from that site. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Processing Licences Sections 21-22 TABLE Column 1 Column 2 Item Class of cannabis Amount that is equivalent to 1 kg of dried cannabis dried cannabis 1 kg fresh cannabis 5 kg solids containing cannabis 10 kg non-solids containing cannabis 10 kg cannabis concentrates 0.25 kg [Repealed, SOR/2019-206, s. 10] SOR/2019-206, s. 10. Licence for Analytical Testing Authorized activities 22 (1) Subject to the other provisions of these Regulations, a holder of a licence for analytical testing is authorized, for the purpose of testing, to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis; and (b) to obtain cannabis by altering its chemical or physical properties by any means. Offer (2) A holder of a licence for analytical testing that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized to offer to conduct that activity. Use of organic solvent (3) A holder of a licence for analytical testing that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity. Distribution (4) A holder of a licence for analytical testing is also authorized, for the purpose of testing, to distribute cannabis to another holder of a licence for analytical testing or the individuals referred to in section 4. SOR/2019-206, s. 11. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Licence for Analytical Testing Sections 23-24 Head of laboratory 23 (1) A holder of a licence for analytical testing must retain the services of one individual as the head of laboratory who must work at the site set out in the licence and who is responsible for the testing referred to in sections 90 to 91.1. Qualifications (2) The head of laboratory must have sufficient knowledge of the provisions of the Act and these Regulations that apply to the holder of the licence for analytical testing, have knowledge and experience related to the duties of the position and possess a degree in a science related to the work to be carried out that is awarded by a Canadian university or, if awarded by a foreign university, that is recognized by a Canadian university or a Canadian professional association. Alternate (3) A holder of a licence for analytical testing may designate one or more individuals as the alternate heads of laboratory who are qualified to replace the head of laboratory. SOR/2019-206, s. 12. Minister’s approval 24 (1) A holder of a licence for analytical testing must obtain the Minister’s approval before (a) designating or replacing an alternate head of laboratory; and (b) replacing the head of laboratory by an individual, other than by an alternate head of laboratory. Application — content (2) The holder of a licence for analytical testing must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following: (a) the name and date of birth of the proposed alternate head of laboratory or the proposed head of laboratory; (b) a description of the proposed head of laboratory’s or the proposed alternate head of laboratory’s qualifications in respect of the matters referred to in subsection 23(2); and (c) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the application is correct and complete to the best of their knowledge. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Licence for Analytical Testing Sections 24-27 Additional information (3) The Minister may, on receiving an application for approval, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. Destruction 25 (1) A holder of a licence for analytical testing must destroy the sample of a lot or batch of cannabis that has been distributed to them, and all cannabis obtained from that sample, within 90 days after completing the testing of the sample of the lot or batch. Sample not tested (2) If testing of the sample of a lot or batch of cannabis distributed to the holder of the licence for analytical testing is not initiated within 120 days of its receipt, the holder must, by the end of that period, either destroy the sample or distribute it to another holder of a licence for analytical testing or to the individuals referred to in section 4. SOR/2019-206, s. 13. Licence for Sale for Medical Purposes Authorized activities 26 Subject to the other provisions of these Regulations, a holder of a licence for sale for medical purposes is authorized to conduct those of the following activities that are authorized by the licence: (a) to possess cannabis products; and (b) to sell cannabis products. Sale — other than clients 27 (1) Subject to subsection (2), a holder of a licence for sale for medical purposes that authorizes the sale of cannabis products is authorized to sell or distribute (a) cannabis products to any of the following: (i) a holder of a licence, other than a licence for cultivation, (ii) the Minister, or (iii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is, or is contained in, a cannabis product that is sold or distributed; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Licence for Sale for Medical Purposes Sections 27-28 (b) dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, that are cannabis products, to a holder of a licence for micro-cultivation or standard cultivation; (c) cannabis plants and cannabis plant seeds, that are cannabis products, to a holder of a licence for a nursery; and (d) cannabis products, other than cannabis plants and cannabis plant seeds, to a hospital employee if the employee’s possession of the cannabis product is for the purpose of, and in connection with, their duties. Packaging (2) A holder of a licence for sale for medical purposes must sell the cannabis products referred to in subsection (1) in the packaging in which they were sold or distributed to the holder. Licence for Research Authorized activities 28 (1) Subject to the other provisions of these Regulations, a holder of a licence for research is authorized to conduct those of the following activities, that are authorized by the licence: (a) for the purpose of research, (i) to possess cannabis, (ii) to produce cannabis, and (iii) to transport, send or deliver cannabis between the sites that are set out by the licence; and (b) to sell cannabis plants and cannabis plant seeds to any of the following: (i) a holder of a licence for cultivation, (ii) another holder of a licence for research, (iii) a holder of a cannabis drug licence, (iv) the Minister, or (v) a person to which an exemption has been granted under section 140 of the Act in relation to the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Licence for Research Section 28 cannabis or class of cannabis that is sold or distributed. Offer (2) A holder of a licence for research that is authorized to conduct the activity referred to in subparagraph (1)(a)(ii) is also authorized to offer to obtain cannabis by any method authorized by the licence. Use of organic solvent (3) A holder of a licence for research that is authorized to obtain cannabis by altering its chemical or physical properties by any means is also authorized to alter or offer to alter its chemical or physical properties by the use of an organic solvent when conducting that activity. Administer and distribute — research subject (4) A holder of a licence for research is also authorized, for the purpose of research, to administer and distribute cannabis to a research subject. Distribution (5) A holder of a licence for research is also authorized to distribute (a) cannabis to any of the following: (i) another holder of a licence for research, (ii) a holder of a licence for analytical testing, (iii) a holder of a cannabis drug licence, (iv) the individuals referred to in section 4, or (v) the Minister; and (b) cannabis plants and cannabis plant seeds to the following: (i) a holder of a licence for cultivation, or (ii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed. SOR/2019-206, s. 14. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Refusal, Suspension and Revocation Section 29 Refusal, Suspension and Revocation Refusal to issue, renew or amend — other grounds 29 For the purpose of paragraph 62(7)(h) of the Act, other grounds for refusing to issue, renew or amend a licence are the following: (a) an individual who is required to hold a security clearance under section 50 in respect of an application does not hold such a security clearance; (b) in respect of the renewal or amendment of a licence, the holder of the licence does not hold a cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; (c) in respect of the issuance or amendment of a licence for cultivation, the site proposed in the application would be authorized by another licence for cultivation; (d) in respect of the issuance or amendment of a licence for micro-cultivation, the site proposed in the application would be authorized by a licence for standard processing and a licence for micro-cultivation; (e) in respect of the issuance or amendment of a licence for standard cultivation, the site proposed in the application would be authorized by a licence for micro-processing and a licence for standard cultivation; (f) in respect of the issuance or amendment of a licence for a nursery, the site proposed in the application would be authorized by a licence for processing and a licence for a nursery; (g) in respect of the issuance or amendment of a licence for processing, the site proposed in the application would be authorized by another licence for processing; (h) in respect of the issuance or amendment of a licence for processing, the site proposed in the application would be authorized by a licence for processing and a licence for a nursery; (i) in respect of the issuance or amendment of a licence for micro-processing, the site proposed in the application would be authorized by a licence for standard cultivation and a licence for micro-processing; (j) in respect of the issuance or amendment of a licence for standard processing, the site proposed in the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Refusal, Suspension and Revocation Sections 29-31 application would be authorized by a licence for micro-cultivation and a licence for standard processing; and (k) in respect of a licence for processing, the applicant has, in the past 10 years, been convicted of an offence under the Safe Food for Canadians Act or an Act referred to in subsection 374(2) of the Safe Food for Canadians Regulations. SOR/2019-206, s. 15. Suspension — other circumstance 30 For the purpose of paragraph 64(1)(b) of the Act, other circumstances for the suspension of a licence are the following: (a) an individual who is required to hold a security clearance under section 50 in respect of the licence does not hold such a security clearance; (b) the holder of a licence has failed to pay a fee in relation to the licence that is fixed under subsection 142(1) of the Act; (c) the holder of a licence does not hold a cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; and (d) the cannabis licence issued to the holder under subsection 14(1.1) of the Excise Act, 2001 is suspended under subsection 23(2) of that Act. SOR/2019-206, s. 16. Revocation — other circumstances 31 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of a licence are the following: (a) the holder of the licence has requested, in writing, the revocation; (b) the licence has been suspended and not reinstated because the reasons for the suspension still exist or the holder of the licence has not demonstrated to the Minister that the suspension is unfounded; (c) since the issuance of the licence, a security clearance in respect of the licence has been refused; (d) the holder of the licence no longer holds the cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Refusal, Suspension and Revocation Sections 31-33 (e) in the case of a licence for processing, the holder has, since its issuance, been convicted of an offence under the Safe Food for Canadians Act or an Act referred to in subsection 374(2) of the Safe Food for Canadians Regulations. SOR/2019-206, s. 17. Changes Relating to Licence Amendment 32 A holder of a licence must submit an application for an amendment to the licence if they propose to make any of the following changes: (a) a change to the name of the holder of the licence; (b) a change to the address of the site or building within the site where the activity is authorized; or (c) a change to the authorized activity at the site or the authorized activity that may be conducted at each building within the site. Minister’s approval 33 (1) A holder of a licence that proposes to make a change to the site plan that would require physical security measures to be carried out in order to comply with Part 4 must obtain the Minister’s approval before making the change. Application — content (2) The holder of a licence must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following: (a) a description of the change; (b) the proposed site plan; and (c) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the application is correct and complete to the best of their knowledge. Additional information (3) The Minister may, on receiving an application for approval, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Changes Relating to Licence Sections 34-35 Notification — various changes 34 (1) A holder of a licence must notify the Minister of any of the following changes within five days after the change occurs: (a) a change to the mailing address, telephone number, email address or facsimile number of the holder; (b) a change to the site plan, other than a change referred to in subsection 33(1); (c) the replacement of an individual who must hold a security clearance referred to in any of paragraphs 50(b) to (g), (i) and (j) or the addition of another such individual, other than an individual who is designated as an alternate for the position of quality assurance person referred to in section 19; and (d) in the case of a holder of a licence for cultivation, a licence for processing or a licence for sale, a change to the organizational security plan. Notification — content (2) The notification must include the following: (a) a description of the change; and (b) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the notification is correct and complete to the best of their knowledge. Additional information (3) In the case of a change referred to in paragraph (1)(c), the notification must also include the following: (a) the name and date of birth of the individual who replaced an individual referred to in any of paragraphs 50(b) to (g), (i) and (j) or who was added as another such individual; and (b) if the individual replaced a director or officer referred to in subparagraph 50(b)(i) or (c)(i) or was added as such a director or officer, the certificate of incorporation or other amended incorporating instrument of the corporation or cooperative. Notification to local authorities 35 (1) A holder of a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis must, within 30 days after the issuance, amendment, suspension, reinstatement or revocation of the licence, provide a written notice to the local Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Changes Relating to Licence Sections 35-36 authorities referred to in paragraphs 7(1)(a) to (c) in the area in which the site set out in the licence is located and provide a copy of the notice to the Minister. Content of notice (2) The notice must contain the following information: (a) the name of the holder of the licence and the address of the site set out in the licence; and (b) a description of the applicable event referred to in subsection (1) and its effective date and, in the case of an amendment to the licence, details of the amendment. Senior official (3) The notice must be addressed to a senior official of the local authority to which it is provided. Cessation of activities 36 (1) A holder of a licence that intends to cease conducting all the activities authorized by the licence — whether before or on the date of expiry of the licence — must provide the Minister with a written notice to that effect at least 30 days before the day on which those activities cease. Content of notice (2) The notice must be signed and dated by the responsible person referred to in section 37 and contain the following information: (a) the date on which activities are expected to cease; (b) a description of the manner in which any cannabis remaining at the site as of the date referred to in paragraph (a) will be disposed of by the holder of the licence, including (i) if the cannabis will be sold or distributed, in whole or in part, the name and address of the person to which it will be sold or distributed, and (ii) if it will be destroyed, in whole or in part, the day on which and the location at which the destruction is to take place; (c) the address of the location at which the holder’s records, reports, electronic data and other documents that are required to be retained under the Act by the holder will be retained after activities have ceased; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing Changes Relating to Licence Sections 36-38 (d) the name, address, telephone number and, if applicable, facsimile number and email address of a person from which the Minister may obtain further information after activities have ceased. Update (3) After having ceased the activities, the holder must submit to the Minister an update of the information referred to in paragraphs (2)(a) to (d), if it differs from the information submitted in the notice under subsection (1). The update must be signed and dated by the responsible person referred to in section 37. General Requirements Relating to Authorized Activities Responsible person 37 (1) A holder of a licence must retain the services of one individual as the responsible person who has the authority to bind the holder. Responsibilities and knowledge (2) The responsible person is responsible for the activities conducted under the licence and must have sufficient knowledge of the provisions of the Act and these Regulations that apply to the holder of the licence. Alternate (3) A holder of a licence may designate one individual as the alternate responsible person who is qualified to replace the responsible person. Head of security 38 (1) A holder of a licence, other than a licence for analytical testing or a licence for research, must retain the services of one individual as the head of security who is responsible for (a) ensuring that the applicable physical security measures set out in Part 4 are complied with; and (b) the organizational security plan of the holder. Alternate (2) A holder of a licence, other than a licence for analytical testing or a licence for research, may designate one individual as the alternate head of security who is qualified to replace the head of security. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing General Requirements Relating to Authorized Activities Sections 39-43 Approved site 39 (1) A holder of a licence must only conduct activities that are authorized by the licence at the site and, if applicable, the building within the site, set out in the licence. Non-application (2) Subsection (1) does not apply to the possession of cannabis for the purpose of antimicrobial treatment or destruction or the distribution of cannabis. Dwelling-house 40 A holder of a licence must not conduct any activity that is authorized by the licence at a dwelling-house. Outdoor activities 41 A holder of a licence must not produce cannabis — other than obtain cannabis by cultivating, propagating or harvesting it — or test, store, package or label cannabis outdoors. Antimicrobial treatment 42 (1) A holder of a licence, other than a licence for analytical testing, may conduct antimicrobial treatment of cannabis at a location other than the site set out in the licence only if (a) the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one individual referred to in paragraph 43(2)(a), or in the case of a holder of a licence for research, an individual referred to in paragraph 43(2)(b); and (b) the cannabis is subsequently returned to the site set out in the licence or distributed in accordance with these Regulations. Irradiation of edible cannabis (2) For greater certainty, in the case of the irradiation of edible cannabis by a holder of a licence for processing, the requirements set out in subsection (1) apply in addition to the conditions set out in paragraphs 102.6(a) and (b). SOR/2019-206, s. 18. Destruction 43 (1) A holder of a licence is authorized to destroy cannabis only (a) in accordance with a method that (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing General Requirements Relating to Authorized Activities Sections 43-46 (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; (b) in the presence of at least two individuals who are qualified to witness the destruction and, except in the case of a holder of a licence for analytical testing or a licence for research, one of whom is an individual referred to in paragraph (2)(a); and (c) in the case where the cannabis is destroyed at a location other than the site set out in the licence, the holder of the licence ensures that the cannabis that is at the location is, at all times, in the presence of at least one individual referred to in paragraph (2)(a) or, in the case of a holder of a licence for analytical testing or a licence for research, an individual referred to in paragraph (2)(b). Witness to destruction (2) The following individuals are qualified to witness the destruction of cannabis: (a) an individual who holds a security clearance; and (b) an employee of the holder of the licence. Security clearance holder 44 A holder of a licence, other than a holder of a licence for analytical testing, a licence for research, or a licence for sale that does not authorize the possession of cannabis, must ensure that an individual who holds a security clearance is present at the site when activities are conducted by other individuals in an operations area or a storage area. Organizational security plan — update 45 A holder of a licence, other than a holder of a licence for analytical testing or a licence for research, must on request of the Minister, update and submit the organizational security plan. Recall 46 (1) A holder of a licence, other than a licence for analytical testing, must establish and maintain a system of control that permits the rapid and complete recall of every lot or batch of cannabis that has been sold or distributed. Recall simulation (2) The holder must Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 2 Licensing General Requirements Relating to Authorized Activities Sections 46-50 (a) at least once every 12 months, conduct a recall simulation based on the system of control; (b) after completing the recall simulation, prepare a document that sets out the details of how it was conducted and the results; and (c) retain the document for at least two years after the day on which the recall simulation is completed. SOR/2019-206, s. 19. Safekeeping during distribution 47 A holder of a licence must take any steps that are necessary to ensure the safekeeping of cannabis when distributing it. Identification of holder of a licence 48 A holder of a licence must include their name, as set out in the licence, in all the means by which they identify themself in relation to cannabis, including advertising, purchase orders, shipping documents and invoices. PART 3 Security Clearances Definitions 49 The following definitions apply in this Part. corporation does not include a federal or provincial Crown corporation. (personne morale) partnership does not include an incorporated entity. (société de personnes) Requirement for security clearance 50 The following individuals must hold a security clearance: (a) an individual who holds a licence for cultivation, processing or sale; (b) in the case of a corporation that holds a licence for cultivation, processing or sale, (i) the directors and officers of the corporation, (ii) any individual who exercises, or is in a position to exercise, direct control over the corporation, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Section 50 (iii) the directors and officers of any corporation or cooperative that exercises, or is in a position to exercise, direct control over the corporation, (iv) any individual who is a partner in a partnership that exercises, or is in a position to exercise, direct control over the corporation, and (v) the directors and officers of any corporation that is a partner in a partnership that exercises, or is in a position to exercise, direct control over the corporation; (c) in the case of a cooperative that holds a licence for cultivation, processing or sale, (i) the directors and officers of the cooperative, (ii) any individual who exercises, or is in a position to exercise, direct control over the cooperative, (iii) the directors and officers of any corporation or cooperative that exercises, or is in a position to exercise, direct control over the cooperative, (iv) any individual who is a partner in a partnership that exercises, or is in a position to exercise, direct control over the cooperative, and (v) the directors and officers of any corporation that is a partner in a partnership that exercises, or is in a position to exercise, direct control over the cooperative; (d) in the case of a partnership that holds a licence for cultivation, processing or sale, (i) any individual who is a partner, (ii) the directors and officers of any corporation or cooperative that is a partner, (iii) any individual who is a partner in a partnership that exercises, or is in a position to exercise, direct control over the partnership that holds the licence, and (iv) the directors and officers of any corporation that is a partner in a partnership that exercises, or is in a position to exercise, direct control over the partnership that holds the licence; (e) in the case of a licence for cultivation, processing or sale, the responsible person referred to in section 37; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Sections 50-52 (f) in the case of a licence for cultivation, processing or sale, the head of security referred to in section 38; (g) in the case of a licence for cultivation, the master grower referred to in section 12 or 15; (h) in the case of a licence for processing, the quality assurance person referred to in section 19; (i) an individual who has been designated as an alternate for a position referred to in any of paragraphs (e) to (h); and (j) an individual who has been specified by name by the Minister under subsection 67(2) of the Act or who occupies a position that has been specified by the Minister under that subsection. Eligibility 51 Only the following individuals may submit an application for a security clearance: (a) an individual who is required to hold a security clearance; (b) an individual who will be required to hold a security clearance if an application for a licence, or for its renewal or amendment, that has been filed with the Minister results in the issuance, renewal or amendment of the licence; (c) an individual who will be required to hold a security clearance if a pending business transaction is completed; (d) an individual who has been selected for a position referred to in any of paragraphs 50(e) to (h) or as an alternate for such a position; and (e) an individual who has been selected for a position that has been specified by the Minister under subsection 67(2) of the Act or who has been notified that the Minister intends to specify them, by name or position, under that subsection. Checks 52 The Minister may, at any time, conduct checks that are necessary to determine whether an applicant for, or the holder of, a security clearance poses a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Such checks include Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Sections 52-53 (a) a check of the applicant’s or holder’s criminal record; and (b) a check of the relevant files of law enforcement agencies that relate to the applicant or holder, including intelligence gathered for law enforcement purposes. Grant of security clearance 53 (1) Before granting a security clearance, the Minister must, taking into account any licence conditions that he or she imposes under subsection 62(10) of the Act, determine that the applicant does not pose an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Factors (2) Factors that the Minister may consider to determine the level of risk posed by the applicant include (a) the circumstances of any events or convictions that are relevant to the determination, the seriousness of those events or convictions, their number and frequency, the date of the most recent event or conviction and any sentence or other disposition; (b) whether it is known, or there are reasonable grounds to suspect, that the applicant (i) is or has been involved in, or contributes or has contributed to, an activity that is prohibited by, or conducted in contravention of, any of the provisions of Division 1 of Part 1 of the Act — other than paragraphs 8(1)(a) to (e) — or Subdivision E of Division 2 of Part 1 of the Act, (ii) is or has been involved in, or contributes or has contributed to, an activity that is prohibited by, or conducted in contravention of, any of the provisions of Part I of the Controlled Drugs and Substances Act — other than subsection 4(1) — or subsection 32(1) or (2) of that Act, (iii) is or has been involved in, or contributes or has contributed to, an activity that is prohibited by, or conducted in contravention of, any provision of the Criminal Code relating to fraud, corruption of public officials, terrorism financing, counterfeiting or laundering the proceeds of crime, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Section 53 (iv) is or has been involved in, or contributes or has contributed to, an offence involving an act of violence or the threat of violence, (v) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or is or has been involved in, or contributes or has contributed to, the activities of such an organization, (vi) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect its involvement in or contribution to — activities directed toward, or in support of, acts of violence or the threat of violence, or is or has been involved in, or contributes or has contributed to, the activities of such an organization, (vii) is or has been associated with an individual who (A) is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect their involvement in or contribution to — activities referred to in subparagraphs (i) to (iii), or (B) is a member of an organization referred to in subparagraph (v) or (vi), or (viii) has conspired to commit (A) an offence under any of the provisions of the Criminal Code referred to in subparagraph (iii), (B) an offence referred to in subparagraph (iv), or (C) an offence under any of sections 467.11 to 467.13 of the Criminal Code; (c) whether there are reasonable grounds to suspect that the applicant could be induced to commit an act — or to aid or abet any person to commit an act — that might constitute a risk to public health or public safety; (d) whether there are reasonable grounds to believe that the applicant’s activities, including their financial activities, pose a risk to the integrity of the control of the production and distribution of cannabis under the Act; (e) whether the applicant has had a security clearance suspended or cancelled; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Sections 53-56 (f) whether there are reasonable grounds to believe the applicant has, now or in the past, submitted false or misleading information, or false or falsified documents, to the Minister; and (g) whether an entity has refused to issue a security clearance to the applicant — or has suspended or cancelled one — and the reason for the refusal, suspension or cancellation. Outstanding criminal charge 54 If the Minister refuses to consider an application for a security clearance because there is an outstanding criminal charge against the applicant that may be relevant to the determination of the risk under subsection 53(1), the Minister must provide the applicant, and any affected holder of or applicant for a licence, with notice of the refusal in writing. Refusal to grant security clearance 55 (1) If the Minister intends to refuse to grant a security clearance, the Minister must provide the applicant with a notice that sets out the reason for the proposed refusal and that specifies the period of time within which they may make written representations to the Minister. The period must start on the day on which the notice is provided and must be not less than 20 days. Notice of refusal (2) If the Minister refuses to grant the security clearance, the Minister must provide the applicant, and any affected holder of or applicant for a licence, with notice of the refusal in writing. Validity period 56 (1) The Minister must establish a validity period for a security clearance in accordance with the level of risk to public health or public safety — including the risk of cannabis being diverted to an illicit market or activity — posed by the applicant, but the period must not exceed five years. Extension of validity period (2) If the validity period of a security clearance is less than five years, the Minister may subsequently extend the period to a total of five years if the Minister, taking into account any licence conditions that he or she imposes under subsection 62(10) of the Act, determines that the holder does not pose an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Sections 56-59 Factors (3) The factors that the Minister may consider to determine the level of risk posed by the holder include those set out in subsection 53(2). Obligation to notify — offences 57 A holder of a security clearance must, without delay, provide the Minister with notice in writing if they are charged with, or found guilty of, an offence under the Act, the Controlled Drugs and Substances Act or the Criminal Code. Suspension of security clearance 58 (1) Before suspending a security clearance, the Minister must have reasonable grounds to believe that the risk to public health or public safety posed by the holder, including the risk of cannabis being diverted to an illicit market or activity, has become unacceptable. Notice of suspension (2) A suspension takes effect as soon as the Minister provides the holder with a notice in writing that sets out the reasons for the suspension and that specifies the period of time within which they may make written representations to the Minister. The period starts on the day on which the notice is provided and must be not less than 20 days. Notice to holder of licence (3) The Minister must, without delay after suspending a security clearance, also provide any affected holder of or applicant for a licence with notice of the suspension in writing. Reinstatement of security clearance 59 (1) The Minister must reinstate a suspended security clearance if (a) the reasons for the suspension no longer exist or the holder of the security clearance demonstrates to the Minister that the suspension was unfounded; or (b) the Minister determines, taking into account any licence conditions that he or she imposes under subsection 62(10) of the Act, that the holder of the security clearance does not pose an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 3 Security Clearances Sections 59-61 Factors (2) The factors that the Minister may consider to determine the level of risk posed by the holder of the security clearance include those set out in subsection 53(2). Notice of reinstatement (3) The Minister must, without delay after reinstating a security clearance, provide the holder of the security clearance, and any affected holder of or applicant for a licence, with notice of the reinstatement in writing. Cancellation of security clearance 60 (1) A security clearance may not be cancelled unless (a) it is suspended and the period within which the holder may make representations in respect of the suspension has expired; and (b) the Minister has determined that the holder poses an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Factors (2) The factors that the Minister may consider to determine the level of risk posed by the holder include those set out in subsection 53(2). Notice of cancellation (3) The Minister must, without delay after cancelling a security clearance, provide the holder, and any affected holder of or applicant for a licence, with notice of the cancellation in writing. Ineligibility — new application 61 If the Minister refuses to grant or cancels a security clearance, the individual who has been refused a security clearance or the former holder may submit a new application for a security clearance only if (a) a period of five years has elapsed since the day on which the refusal or cancellation occurred; or (b) a change has occurred in the circumstances that led to the refusal or cancellation. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures Sections 62-63 PART 4 Physical Security Measures DIVISION 1 Licences Requiring Increased Security Measures General Provisions Security measures 62 (1) The security measures set out in sections 63 to 72 apply in respect of the sites set out in the following licences: (a) a licence for standard cultivation; (b) a licence for standard processing; (c) a licence for sale that authorizes the possession of cannabis; and (d) a cannabis drug licence if the amount of cannabis that is sold or distributed to the holder of the licence is, as determined in accordance with the table to section 21, equivalent to more than 600 kg of dried cannabis per calendar year. Compliance with security measures (2) A holder of a licence referred to in subsection (1) must ensure that the security measures are complied with. Equivalency (3) The cannabis referred to in paragraph (1)(d) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to section 21 in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis. Site Design Site design 63 The site must be designed in a manner that prevents unauthorized access. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures DIVISION 1 Licences Requiring Increased Security Measures Perimeter of Site Sections 64-68 Perimeter of Site Visual monitoring 64 (1) The perimeter of the site must be monitored at all times by visual recording devices to detect any attempted or actual unauthorized access to the site. Visual recording devices (2) The devices must, in the conditions under which they are used, be capable of making a visible recording of any attempted or actual unauthorized access. Intrusion detection system 65 The perimeter of the site must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to the site and any attempted or actual tampering with the system. Monitoring and response 66 (1) The intrusion detection system referred to in section 65 must be monitored at all times. Appropriate measures (2) The holder of the licence must determine the appropriate measures to be taken if any occurrence referred to in section 65 is detected. Record of detected occurrences (3) If any such occurrence is detected, the holder of the licence must ensure that a document is retained that contains the following information: (a) the date and time of the occurrence; and (b) the measures taken in response to it and the date and time when they were taken. Operations Areas and Storage Areas Location of storage area 67 Each storage area must be located within an area that satisfies the security measures set out in subsection 68(1), section 69, subsections 70(1) and (3), subsection 71(1) and section 72. Restricted access 68 (1) Access to each operations area and storage area must be restricted to individuals whose presence in the area is required by their duties. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures DIVISION 1 Licences Requiring Increased Security Measures Operations Areas and Storage Areas Sections 68-72 Record — storage area (2) A record must be maintained of the identity of every individual entering or exiting a storage area. Physical barrier 69 Each operations area and storage area must be surrounded by a physical barrier that prevents unauthorized access. Visual monitoring 70 (1) Each operations area and storage area must be monitored at all times by visual recording devices to detect illicit conduct. Exception — grow area (2) For a grow area, only the entry and exit points of the area must be monitored by the devices. Visual recording devices (3) The devices must, in the conditions under which they are used, be capable of making a visible recording of any illicit conduct. Intrusion detection system 71 (1) Each operations area and storage area must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to the area, any unauthorized movement in the area and any attempted or actual tampering with the system. Exception — grow area (2) The intrusion detection system is not required to detect unauthorized movement in a grow area. Monitoring and response 72 (1) The intrusion detection system referred to in section 71 must be monitored at all times. Appropriate measures (2) The holder of the licence must determine the appropriate measures to be taken if any occurrence referred to in section 70 or 71 is detected. Record of detected occurrences (3) If any such occurrence is detected, the holder of the licence must ensure that a document is retained that contains the following information: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures DIVISION 1 Licences Requiring Increased Security Measures Operations Areas and Storage Areas Sections 72-75 (a) the date and time of the occurrence; and (b) the measures taken in response to it and the date and time when they were taken. Retention 73 A holder of a licence referred to in subsection 62(1) must retain (a) a visual recording made under section 64 or 70 for at least one year after the day on which it is made; (b) a document referred to in subsection 66(3) or 72(3) for at least two years after the day on which it is prepared; and (c) the information in the record referred to in subsection 68(2) for at least two years after the day on which the information is recorded. DIVISION 2 Other Licences Micro-cultivation, micro-processing and nurseries 74 A holder of a licence for micro-cultivation, microprocessing or a nursery must ensure that the following security measures are complied with in respect of the site set out in the licence: (a) the site is designed in a manner that prevents unauthorized access; (b) the site is surrounded by a physical barrier that prevents unauthorized access; (c) storage areas are surrounded by a physical barrier that prevents unauthorized access; and (d) access to each storage area is restricted to individuals whose presence in the area is required by their duties. Analytical testing 75 A holder of a licence for analytical testing must ensure that the following security measures are complied with in respect of the site set out in the licence: (a) storage areas are surrounded by a physical barrier that prevents unauthorized access; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures DIVISION 2 Other Licences Sections 75-78 (b) access to each storage area is restricted to individuals whose presence in the area is required by their duties. Cannabis drug licences 76 (1) If the amount of cannabis that is sold or distributed to the holder of a cannabis drug licence is not equivalent, as determined in accordance with the table to section 21, to more than 600 kg of dried cannabis per calendar year, the holder must ensure that (a) if they only conduct analytical testing, the security measures set out in paragraphs 75(a) and (b) are complied with in respect of the site set out in the licence; and (b) in any other case, the security measures set out in paragraphs 74(a) to (d) are complied with in respect of the site set out in the licence. Equivalency (2) The cannabis referred to in subsection (1) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to section 21 in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis. Research 77 A holder of a licence for research must ensure that operations areas at the site set out in the licence are designed in a manner that prevents unauthorized access. DIVISION 3 Exemptions Exemption — storage area 78 (1) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if (a) immediately before the day on which these Regulations come into force, the holder was, in respect of the site, (i) licensed under Part 1 of the former Access to Cannabis for Medical Purposes Regulations, (ii) in compliance with their obligations under sections 57 to 60 and 62 of those Regulations, and (iii) securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 4 Physical Security Measures DIVISION 3 Exemptions Section 78 the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances), as amended in December 1999 and published by the Government of Canada on its website; and (b) the holder has, since the day on which these Regulations come into force, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (a)(iii) . Exemption — application under former Regulations (2) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if (a) the holder had, before the day on which these Regulations come into force, submitted an application under section 33 of the former Access to Cannabis for Medical Purposes Regulations in respect of the same site; (b) the application referred to in paragraph (a) was, by virtue of subsection 158(9) of the Act, deemed to be an application for a licence made under section 62 of the Act; (c) the Minister issued a licence under section 62 of the Act on the basis of the deemed application; and (d) the holder has, since the licence referred to in paragraph (c) was issued, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (1)(a)(iii). Interpretation (3) For the purposes of paragraphs (1)(b) and (2)(d), a reference in the Directive to a term set out in column 1 of the table to this subsection is deemed to be a reference to the corresponding term set out in column 2. TABLE Column 1 Column 2 Item Term used in the Directive Corresponding term Controlled substance Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Cannabis Regulations PART 4 Physical Security Measures DIVISION 3 Exemptions Sections 78-78.1 Column 1 Column 2 Item Term used in the Directive Corresponding term Licensed dealer / licenced dealer Holder of a licence Cannabis Sativa, its preparations, derivatives and similar synthetic preparations except Nabilone Cannabis Office of Controlled Substances, Therapeutic Products Programme Health Canada Office Health Canada Exemption — cannabis drug licence (4) The holder of a cannabis drug licence is exempt from the application of this Part in respect of the site set out in the licence if they are securely storing cannabis in accordance with the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. PART 5 Good Production Practices Definitions Definitions 78.1 The following definitions apply in this Part. acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of cannabis or anything that will be used as an ingredient. (niveau acceptable) control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything that will be used as an ingredient, or to reduce the hazard to an acceptable level. (mesure de contrôle) critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Definitions Sections 78.1-81 that will be used as an ingredient, or to reduce the hazard to an acceptable level. (point de contrôle critique) sanitary condition means a condition that does not present a risk of contamination, allergen cross-contamination or introduction of an extraneous substance to cannabis or anything that will be used as an ingredient. (conditions hygiéniques) SOR/2019-206, s. 20. General Requirements Sale, distribution and exportation — cannabis 79 A holder of a licence must not sell, distribute or export cannabis unless the applicable requirements set out in sections 80 to 88.94 have been met. SOR/2019-206, s. 20. Non-application — person not holding a licence 79.1 The requirements of this Part do not apply to any activity that a person conducts in respect of anything that will be used as an ingredient unless the activity is conducted by a holder of a licence. SOR/2019-206, s. 20. Non-application — holder of licence for analytical testing or research 79.2 Sections 80 to 87.1 do not apply to a holder of a licence for analytical testing or a licence for research. SOR/2019-206, s. 20. Standard operating procedures 80 Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, distributed, stored, sampled and tested in accordance with standard operating procedures that are designed to ensure that those activities are conducted in accordance with the applicable requirements of this Part and Part 6. SOR/2019-206, s. 20. Pest control product 81 (1) Cannabis must not be treated with a pest control product unless the product is registered for use on cannabis under the Pest Control Products Act or is otherwise authorized for use under that Act. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices General Requirements Sections 81-84 Exception — edible cannabis (2) Despite subsection (1), edible cannabis may be treated during the course of production with a pest control product referred to in subparagraph 3(1)(b)(ii) of the Pest Control Products Regulations. SOR/2019-206, s. 21. Sanitizers, agronomic inputs and non-food chemical agents 81.1 Any sanitizer, agronomic input or non-food chemical agent that is present at a site must (a) be properly and clearly identified; (b) be suitable for its intended use and not present a risk of contamination of cannabis or anything that will be used as an ingredient; and (c) be handled and used in a manner that does not present a risk of contamination of cannabis or anything that will be used as an ingredient and that is in accordance with the manufacturer’s instructions. SOR/2019-206, s. 22. Storage 82 Cannabis and anything that will be used as an ingredient must be stored under conditions that maintain their quality. SOR/2019-206, s. 22. Distribution 83 Cannabis and anything that will be used as an ingredient must be distributed in a manner that maintains their quality. SOR/2019-206, s. 22. Building or part of building 84 Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be designed, constructed and maintained in a manner that permits those activities to be conducted appropriately and under sanitary conditions and, in particular, that (a) permits the building or part of the building to be kept clean and orderly; (b) permits the effective cleaning of all surfaces in the building or part of the building; (c) prevents the contamination of the cannabis or thing that will be used as an ingredient; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices General Requirements Sections 84-85.1 (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient. SOR/2019-206, s. 22. System — filtration and ventilation 85 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with a system that (a) filters air to prevent the escape of odours associated with cannabis plant material to the outdoors; (b) provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air in order to prevent the contamination of the cannabis or thing that will be used as an ingredient; (c) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being disassembled; (d) is capable of withstanding repeated cleaning; and (e) functions in accordance with its intended use. Exception — cultivation, propagation or harvesting of cannabis (2) Paragraph (1)(b) does not apply in respect of any building or part of a building where the only activities being conducted in respect of cannabis are its cultivation, propagation or harvesting. Exception — cultivation, propagation or harvesting of anything used as an ingredient (3) Paragraphs (1)(b) to (e) do not apply in respect of any building or part of a building where the only activities being conducted in respect of anything that will be used as an ingredient are its cultivation, propagation or harvesting. SOR/2019-206, s. 22. Supply of water 85.1 (1) Any system that supplies water to a site must be appropriate for any activity being conducted in respect of cannabis or anything that will be used as an ingredient. Cross-connection (2) Any system that supplies potable water to a site must not be cross-connected with any other system, unless Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices General Requirements Sections 85.1-86 measures are taken to eliminate any risk of contamination of cannabis or anything that will be used as an ingredient as a result of the cross-connection. SOR/2019-206, s. 22. Lighting 85.2 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with natural or artificial lighting that is appropriate for the activity being conducted. Light fixtures (2) Any light fixtures in the building or part of the building where the activities referred to in subsection (1) are conducted must (a) be capable of withstanding repeated cleaning and, if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, repeated sanitizing; and (b) not present a risk of contamination of the cannabis or thing that will be used as an ingredient in the event of breakage. SOR/2019-206, s. 22. Equipment 86 (1) Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, stored, sampled and tested using equipment that is designed, constructed, maintained, operated and arranged in a manner that (a) permits the effective cleaning of its surfaces; (b) permits it to function in accordance with its intended use; (b.1) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being easily disassembled; (c) prevents the contamination of the cannabis or thing that will be used as an ingredient; (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient; and (e) protects the cannabis or thing that will be used as an ingredient against allergen cross-contamination. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices General Requirements Sections 86-87.1 Conveyances (1.1) Cannabis and anything that will be used as an ingredient must be distributed using a conveyance that is designed, constructed, maintained and operated in a manner that prevents the contamination of the cannabis or thing that will be used as an ingredient. Non-application (2) Paragraphs (1)(d) and (e) do not apply to the outdoor cultivation, propagation or harvesting of cannabis or anything that will be used as an ingredient. SOR/2019-206, s. 23. Sanitation program 87 (1) Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, distributed, stored, sampled and tested in accordance with a sanitation program that sets out (a) procedures for effectively cleaning the building or part of the building in which those activities are conducted; (b) procedures for effectively cleaning the equipment and conveyances used in those activities; (c) procedures for handling any substance used in those activities; and (d) all requirements, in respect of the health and hygienic behaviour of the personnel who are involved in those activities, that are necessary to ensure that those activities are conducted in sanitary conditions. Non-application (2) Paragraph (1)(a) does not apply to the outdoor cultivation, propagation or harvesting of cannabis or anything that will be used as an ingredient. SOR/2019-206, s. 24. Hand cleaning and hand sanitizing stations and lavatories 87.1 (1) If necessary to prevent the contamination of cannabis or anything that will be used as an ingredient, a site must be equipped with hand cleaning and hand sanitizing stations and lavatories that (a) are appropriately equipped and adequate in number and size for the number of individuals using them; (b) are located so that they are readily accessible to the individuals using them; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices General Requirements Sections 87.1-88.1 (c) are capable of withstanding repeated cleaning and, as necessary, repeated sanitizing. Hand cleaning and hand sanitizing stations (2) The hand cleaning and hand sanitizing stations must permit the effective cleaning and sanitization of hands. Lavatories (3) The lavatories must be located and maintained so that they do not present any risk of contamination of cannabis or anything that will be used as an ingredient. SOR/2019-206, s. 25. Additional Requirements — Holder of Licence for Processing Quality assurance 88 A holder of a licence for processing must ensure that (a) every investigation in respect of the matters referred to in paragraphs 19(2)(b) and (c) is conducted under the responsibility of the quality assurance person referred to in section 19; (b) if necessary following an investigation, the quality assurance person immediately causes measures to be taken to mitigate any risk; (c) cannabis and anything that will be used as an ingredient are produced, packaged, labelled, distributed, stored, sampled and tested using methods and procedures that, prior to their implementation, have been approved by the quality assurance person; (d) in the case of a cannabis extract or edible cannabis, the quality assurance person approves the preventive control plan referred to in section 88.94 prior to its implementation; and (e) every lot or batch of cannabis is approved by the quality assurance person before it is made available for sale. SOR/2019-206, s. 25. Competencies and qualifications 88.1 A holder of a licence for processing must ensure that any individual who conducts activities in relation to Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Additional Requirements — Holder of Licence for Processing Sections 88.1-88.3 edible cannabis or anything that will be used as an ingredient in the production of edible cannabis has the competencies and qualifications that are necessary to conduct those activities at the site set out in the licence. SOR/2019-206, s. 25. Temperature and humidity 88.2 (1) A holder of a licence for processing must ensure that the temperature and humidity of any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested are maintained at levels that are appropriate for the activity being conducted with the cannabis or thing that will be used as an ingredient. Heating, cooling or humidity-control system (2) If the building or part of the building is equipped with a heating, cooling or humidity-control system, the holder of the licence must ensure that the system (a) if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, is equipped with instruments to control and indicate the temperature and humidity levels; (b) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being disassembled; (c) is capable of withstanding repeated cleaning; and (d) functions in accordance with its intended use. SOR/2019-206, s. 25. Incompatible activities 88.3 (1) A holder of a licence for processing must ensure that physical or other effective means are used to separate incompatible activities in order to prevent contamination of cannabis or anything that will be used as an ingredient. Production of food (2) A holder of a licence for processing must not produce, package, label or store cannabis at a site set out in the licence if food that is to be sold is also produced, packaged or labelled at that site. Exception (3) Despite subsection (2), a holder of a licence for processing may produce, package, label or store cannabis in a building within a site where food that is to be sold is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Additional Requirements — Holder of Licence for Processing Sections 88.3-88.7 produced, packaged or labelled if the food is not produced, packaged or labelled in the same building. SOR/2019-206, s. 25. Separation of cannabis and ingredients from contaminants 88.4 A holder of a licence for processing must ensure that physical or other effective means are used to separate cannabis or anything that will be used as an ingredient from anything that presents a risk of contamination of the cannabis or thing that will be used as an ingredient. SOR/2019-206, s. 25. Ingredients — risk of injury to human health 88.5 A holder of a licence for processing must ensure that anything that will be, or was intended to be, used as an ingredient that presents a risk of injury to human health is identified as such and is stored in a designated area within the site. SOR/2019-206, s. 25. Potable water 88.6 (1) A holder of a licence for processing must ensure that any water that might come into contact with a cannabis extract, a cannabis topical, edible cannabis or anything that will be used as an ingredient is potable and, if the water is not potable, must ensure that it does not present a risk of contamination of the cannabis extract, cannabis topical, edible cannabis or thing that will be used as an ingredient. Steam and ice from potable water (2) A holder of a licence for processing must ensure that any steam or ice that might come into contact with a cannabis extract, a cannabis topical, edible cannabis or anything that will be used as an ingredient is made from water that meets the requirements of subsection (1) and, if the steam or ice does not meet those requirements, must ensure that it does not present a risk of contamination of the cannabis extract, cannabis topical, edible cannabis or thing that will be used as an ingredient. SOR/2019-206, s. 25. No presence of animals 88.7 A holder of a licence for processing must ensure that no animal is present in any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled or stored. SOR/2019-206, s. 25. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Additional Requirements — Holder of Licence for Processing Sections 88.8-88.92 Land — risk of contamination 88.8 If any land that forms part of a site set out in a licence for processing, or any land that is located near such a site, presents a risk of contamination of cannabis or anything that will be used as an ingredient, the holder of the licence must take measures to eliminate the risk. SOR/2019-206, s. 25. Removal and disposal of contaminated materials and waste 88.9 (1) A holder of a licence for processing must ensure that any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled or stored has means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, that the building or part of the building is equipped with a drainage, sewage and plumbing system that functions in accordance with its intended use. Frequency and manner (2) The holder of the licence must ensure that contaminated materials and waste are removed and disposed of at a frequency that is sufficient to prevent contamination of the cannabis or thing that will be used as an ingredient and in a manner that does not present a risk of contamination of the cannabis or thing that will be used as an ingredient. SOR/2019-206, s. 25. Conveyances and equipment 88.91 A holder of a licence for processing must ensure that any conveyance or equipment that is used at the site set out in the licence to handle any contaminated materials or any waste, unless that conveyance or equipment does not come into contact with those materials or waste, (a) is used only for that purpose; (b) is identified as being reserved for that purpose; and (c) meets the applicable requirements of section 86. SOR/2019-206, s. 25. Clothing, footwear and protective coverings 88.92 A holder of a licence for processing must ensure that any individual who enters or is in any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored, sampled or tested wears clothing, footwear and protective coverings, including gloves, a hairnet, a beard net and a smock, that are in good condition, clean and in Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Additional Requirements — Holder of Licence for Processing Sections 88.92-88.94 sanitary condition and that are appropriate for the activity being conducted with the cannabis or thing that will be used as an ingredient. SOR/2019-206, s. 25. Identification and analysis of hazards 88.93 (1) A holder of a licence for processing that produces a cannabis extract or edible cannabis must identify and analyze the biological, chemical and physical hazards that present a risk of contamination of the cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis. Prevention, elimination and reduction of hazards (2) The holder of the licence must prevent, eliminate or reduce to an acceptable level the hazards referred to in subsection (1) by using control measures that are shown by evidence to be effective, including any treatment or process. SOR/2019-206, s. 25. Preventive control plan 88.94 (1) A holder of a licence for processing that conducts activities in relation to a cannabis extract or edible cannabis must prepare, retain, maintain and implement a written preventive control plan for any activity they conduct in respect of the cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis. Content of preventive control plan (2) The preventive control plan must include (a) a description of the measures for ensuring that the applicable requirements of sections 101.3, 101.4, 102, 102.2, 102.3, 102.5 and 102.6 are met; (b) in relation to the applicable requirements of these Regulations, (i) a description of the biological, chemical and physical hazards that are identified under subsection 88.93(1) that present a risk of contamination of the cannabis extract, edible cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis, (ii) a description of the control measures for preventing, eliminating or reducing to an acceptable level the hazards referred to in subparagraph (i) and the evidence that the control measures are effective, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Additional Requirements — Holder of Licence for Processing Sections 88.94-90 (iii) a description of the critical control points, the related control measures and the evidence that the control measures are effective, (iv) a description of the critical limits for each critical control point, (v) the procedures for monitoring the critical control points in relation to their critical limits, (vi) the corrective action procedures for each critical control point, (vii) the procedures for verifying that the implementation of the preventive control plan results in compliance with these Regulations, and (viii) documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vii); and (c) supporting documents that show evidence of the information recorded under paragraph (a) and subparagraphs (b)(i) to (vii). Retention period (3) Each document referred to in subparagraph (2)(b)(viii) must be retained for at least two years after the day on which it is prepared. SOR/2019-206, s. 25. Testing Sale and exportation — cannabis product 89 A holder of a licence must not sell or export a cannabis product unless the applicable requirements set out in sections 90 to 92 have been met. Testing for phytocannabinoids 90 (1) Testing for the quantity or concentration, as the case may be, of THC, THCA, CBD and CBDA must be conducted on each lot or batch of cannabis, other than cannabis plants or cannabis plant seeds, that (a) is or will become a cannabis product; or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Testing Sections 90-91 (b) is or will be contained in a cannabis accessory that is or will become a cannabis product. Timing of testing (2) The testing must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product. SOR/2019-206, s. 26. Testing for contaminants 91 (1) Testing for microbial and chemical contaminants — other than residues of a pest control product or its components or derivatives — must be conducted on (a) each lot or batch of cannabis — other than cannabis plants, cannabis plant seeds or edible cannabis — that (i) is or will become a cannabis product, or (ii) is or will be contained in a cannabis accessory that is or will become a cannabis product; or (b) each lot or batch of cannabis — other than cannabis plant seeds — that (i) is used to produce the cannabis referred to in paragraph (a), or (ii) is used to produce edible cannabis that is or will become a cannabis product, or that is or will be contained in a cannabis accessory that is or will become a cannabis product. Timing of testing (2) The testing on a lot or batch of cannabis must be conducted as follows: (a) the testing referred to in paragraph (1)(a) must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product; and (b) the testing referred to in paragraph (1)(b) must be conducted after the final step in the production process during which the contaminants referred to in subsection (1) could have been introduced or could be concentrated, whichever is later. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 5 Good Production Practices Testing Sections 91-92 Tolerance limits (3) The results of the testing referred to in subsection (1) must enable a determination of whether the contaminants, if any, are or will be within the tolerance limits referred to in subsection 93(3) or 94(2) or section 101.1, as the case may be. SOR/2019-206, s. 26. Dissolution and disintegration testing 91.1 (1) If cannabis — or a cannabis accessory that contains cannabis — is or will become a cannabis product to which subsection 95(1) applies, testing must be conducted on each lot or batch of the cannabis or cannabis accessory to determine whether the requirements referred to in that subsection are, or will be, met. Timing of testing (2) The testing must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product. SOR/2019-206, s. 26. Testing method 92 (1) Testing that is conducted under sections 90 to 91.1 — or to determine whether the applicable requirements in Part 6 are, or will be, met — must be conducted using validated methods on a representative sample of each lot or batch of cannabis or cannabis accessory that contains cannabis. Retention period (2) A portion of the sample referred to in subsection (1) must be retained for at least one year after the date of the last sale of any portion of the lot or batch. Sufficient quantity (3) The portion of the sample retained under subsection (2) must be of sufficient quantity to enable a determination of (a) whether the lot or batch meets the requirements of section 81, subsection 93(3), 94(2) or 95(1) or section 101.1, as applicable; and (b) the quantity or concentration of THC, THCA, CBD and CBDA. SOR/2019-206, s. 26. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Sections 92.1-93 PART 6 Cannabis Products General Provisions Interpretation — residues of pest control products 92.1 In this Part, a reference to residues of a pest control product includes the residues of any component or derivative of the pest control product. SOR/2019-206, s. 27. Residues of pest control products — cannabis plants and seeds 92.2 Cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — must not contain or have on them residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, unless the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act. SOR/2019-206, s. 27. Dried and fresh cannabis 93 (1) Dried cannabis or fresh cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything other than anything referred to in item 1 of Schedule 1 to the Act. Residues of pest control products (2) Despite subsection (1), cannabis that is referred to in that subsection may contain or have on it residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act. Microbial and chemical contaminants (3) Despite subsection (1), cannabis that is referred to in that subsection may contain or have on it microbial or chemical contaminants if the contaminants are within generally accepted tolerance limits for human use that are Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products General Provisions Sections 93-94 (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and (b) appropriate for the intended use and any reasonably foreseeable use of the cannabis product. More stringent limit applies (4) If there are generally accepted tolerance limits referred to in subsection (3) that apply in respect of the residues of a pest control product referred to in subsection (2) for which a maximum residue limit has been specified in relation to cannabis under the Pest Control Products Act, the more stringent limit applies. SOR/2019-206, s. 27. Cannabis used in production 94 (1) Cannabis that is referred to in item 1 or 3 of Schedule 1 to the Act and that is used in the production of the following cannabis must not contain or have on it residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, unless the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act: (a) a cannabis extract that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product; (b) a cannabis topical that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product; and (c) edible cannabis that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product. Edible cannabis — microbial and chemical contaminants (2) Cannabis that is referred to in item 1 or 3 of Schedule 1 to the Act and that is used in the production of edible cannabis must not, if the edible cannabis will become a cannabis product or will be contained in a cannabis accessory that will become a cannabis product, contain or have on it microbial or chemical contaminants unless the contaminants are within generally accepted tolerance limits for human use that are (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and (b) appropriate for a product that is to be ingested. SOR/2019-206, s. 27. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products General Provisions Sections 95-97 Dissolution and disintegration 95 (1) Each discrete unit of a cannabis product that is intended for ingestion or nasal, rectal or vaginal use must meet, if the form of the unit is similar to a dosage form for which a dissolution or disintegration test is set out in a publication referred to in Schedule B to the Food and Drugs Act, the requirements of the test or, if there is more than one applicable test, the requirements of any such test that is suitable for demonstrating that the cannabis product will perform as intended. Exception (2) Subsection (1) does not apply to edible cannabis. SOR/2019-206, s. 27. Maximum quantity of THC — discrete unit 96 (1) Subject to subsection 97(1), each discrete unit of a cannabis product that is intended for ingestion or nasal, rectal or vaginal use must not contain a quantity of THC that exceeds 10 mg, taking into account the potential to convert THCA into THC. Exception (2) Subsection (1) does not apply to edible cannabis. SOR/2019-206, s. 27. Variability limits 97 (1) A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain, in respect of any quantity or concentration of THC or CBD that is displayed on the label, less than 85% or more than 115% of that quantity or concentration. Edible cannabis (2) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain (a) if a quantity of THC or CBD that is displayed on the label exceeds 5 mg, less than 85% or more than 115% of that quantity; (b) if a quantity of THC or CBD that is displayed on the label exceeds 2 mg but does not exceed 5 mg, less than 80% or more than 120% of that quantity; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products General Provisions Sections 97-98 (c) if a quantity of THC or CBD that is displayed on the label does not exceed 2 mg, less than 75% or more than 125% of that quantity. SOR/2019-206, s. 27. Variability limits — divisible cannabis products 97.1 (1) If a cannabis product that is not in discrete units is represented as being able to be divided into discrete units, each represented unit must not contain (a) a quantity of THC that is less than 75% or more than 125% of the quantity of THC in each of the other represented units, taking into account the potential to convert THCA into THC; and (b) a quantity of CBD that is less than 75% or more than 125% of the quantity of CBD in each of the other represented units, taking into account the potential to convert CBDA into CBD. Divisible units (2) If a cannabis product is in discrete units that are represented as being able to be divided into discrete subunits, each represented subunit must not contain (a) a quantity of THC that is less than 75% or more than 125% of the quantity of THC in each of the other represented subunits, taking into account the potential to convert THCA into THC; and (b) a quantity of CBD that is less than 75% or more than 125% of the quantity of CBD in each of the other represented subunits, taking into account the potential to convert CBDA into CBD. SOR/2019-206, s. 27. Products that must not be sold or distributed 98 The following cannabis products must not be sold or distributed: (a) a cannabis product that is intended to be used in the area of the human eye bounded by the supraorbital and infraorbital ridges, including the eyebrows, the skin underlying the eyebrows, the eyelids, the eyelashes, the conjunctival sac of the eye, the eyeball and the soft tissue that lies below the eye and within the infraorbital ridge; and (b) a cannabis product that is intended to be used on damaged or broken skin or to penetrate the skin barrier other than by absorption. SOR/2019-206, s. 27. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products General Provisions Sections 98.1-101 Multiple units 98.1 It is prohibited for a holder of a licence to sell or distribute a cannabis extract, a cannabis topical or edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — if the immediate container contains multiple discrete units, unless the properties of each unit, including size but excluding flavour and colour, as applicable, are consistent. SOR/2019-206, s. 27. Dried and Fresh Cannabis Addition of THC or THCA 99 THC or THCA must not be added to dried or fresh cannabis that will become a cannabis product or that is, or will be, contained in a cannabis accessory that will become a cannabis product. Consumption by inhalation — net weight of dried cannabis 100 The net weight of dried cannabis that is intended to be consumed by means of inhalation in each discrete unit of a cannabis product must not exceed 1.0 g. Cannabis Extracts and Cannabis Topicals Things injurious to health 101 (1) A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything that may cause injury to the health of the user when the cannabis product is used as intended or in a reasonably foreseeable way. Exception (2) Subsection (1) does not, in respect of a cannabis extract that is intended to be combusted and inhaled, prohibit anything that may cause injury as a result of the intended combustion and inhalation. Things that do not cause injury (3) For the purposes of subsection (1), a cannabis extract or a cannabis topical does not contain or have on it anything that may cause injury to the health of the user by reason only that it contains or has on it Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Cannabis Extracts and Cannabis Topicals Sections 101-101.3 (a) anything referred to in item 1 or 3 of Schedule 1 to the Act; (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and (ii) appropriate for the intended use and any reasonably foreseeable use of the cannabis product. SOR/2019-206, s. 28. Microbial and chemical contaminants 101.1 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it microbial or chemical contaminants unless the contaminants are within generally accepted tolerance limits for human use that are (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and (b) appropriate for the intended use and any reasonably foreseeable use of the cannabis product. SOR/2019-206, s. 28. Maximum quantity of THC 101.2 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 1000 mg per immediate container, taking into account the potential to convert THCA into THC. SOR/2019-206, s. 28. Cannabis extract — content 101.3 (1) A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than (a) carrier substances; (b) flavouring agents; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Cannabis Extracts and Cannabis Topicals Section 101.3 (c) substances that are necessary to maintain the quality or stability of the cannabis product. Prohibited ingredients (2) The following substances must not be used as ingredients to produce a cannabis extract referred to in subsection (1): (a) substances that are listed in column 1 of the table in Schedule 2 to the Tobacco and Vaping Products Act; or (b) sugars or sweeteners or sweetening agents, as those terms are defined in subsection B.01.001(1) of the Food and Drug Regulations. Exception — vitamins (3) Despite paragraph 2(a), a vitamin may be used as an ingredient to maintain the quality or stability of the cannabis extract referred to in subsection (1) if it is used in an amount that does not exceed what is necessary to maintain the quality or stability of the cannabis product. Naturally occurring substances (4) An ingredient that is used to produce the cannabis extract referred to in subsection (1) may contain a substance referred to in subsection (2) only if that substance is naturally present in the ingredient at a level that is not above the naturally occurring level for that ingredient. Permitted ingredients — inhaled cannabis extract (5) An ingredient — other than a flavouring agent — must not be used to produce a cannabis extract referred to in subsection (1) that is intended to be consumed by means of inhalation unless (a) a standard for the ingredient is set out in a publication referred to in Schedule B to the Food and Drugs Act; and (b) the ingredient complies with the standard. Ethyl alcohol — ingested cannabis extract (6) A cannabis extract referred to in subsection (1) must not contain ethyl alcohol unless (a) the cannabis extract is intended to be ingested; and (b) the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g. SOR/2019-206, s. 28. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Cannabis Extracts and Cannabis Topicals Sections 101.4-102 Uniform distribution — cannabinoids and terpenes 101.4 The cannabinoids and terpenes in a cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must be uniformly distributed throughout the cannabis extract or cannabis topical. SOR/2019-206, s. 28. Cannabis extract — external body surfaces 101.5 A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not be represented for use, directly or indirectly, on external body surfaces, including hair and nails. SOR/2019-206, s. 28. Edible Cannabis Ingredients — edible cannabis 102 (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than food and food additives. Temporarily marketed foods (2) A food that is described in a Temporary Marketing Authorization Letter issued under subsection B.01.054(1) of the Food and Drug Regulations must not be used as an ingredient to produce edible cannabis referred to in subsection (1) and must not be a constituent of such an ingredient. Meat products, poultry products and fish (3) A meat product, poultry product or fish, other than a food additive, must not be used as an ingredient to produce edible cannabis referred to in subsection (1) — and must not be a constituent of such an ingredient — unless the meat product, poultry product or fish (a) has been produced by a person that is authorized to produce it under the laws of a province or the Safe Food for Canadians Act or has been imported in accordance with that Act; and (b) has a water activity that does not exceed 0.85 at a temperature of 22 ± 2°C at the time the meat product, poultry product or fish is obtained by the holder of the licence for processing that is producing the edible cannabis. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Edible Cannabis Section 102 Self-produced food (4) A holder of a licence for processing that produces a food may use it as an ingredient to produce edible cannabis referred to in subsection (1) — or as a constituent of such an ingredient — if (a) the food is not a meat product, poultry product or fish; and (b) the sale of the food would not be prohibited under section 4 of the Food and Drugs Act. Food additives (5) A holder of a licence for processing may use a food additive as an ingredient to produce edible cannabis referred to in subsection (1) only if (a) the edible cannabis would be a food that is the subject of a marketing authorization if the edible cannabis did not contain or have on it anything referred to in item 1 or 3 of Schedule 1 to the Act; (b) the marketing authorization permits the food additive to be in or on the food; (c) the conditions under which the marketing authorization permits the food additive to be in or on the food — including any maximum levels of use — are complied with; and (d) the food additive is not caffeine or caffeine citrate. Vitamins and mineral nutrients (6) A vitamin or mineral nutrient must not be used as an ingredient to produce edible cannabis referred to in subsection (1) unless its use is permitted under subsection (5). Definitions (7) The following definitions apply in this section. fish has the same meaning as in section 1 of the Safe Food for Canadians Regulations. (poisson) marketing authorization, except in subsection (2), has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (autorisation de mise en marché) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Edible Cannabis Sections 102-102.1 meat product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de viande) mineral nutrient has the same meaning as in subsection D.02.001(1) of the Food and Drug Regulations except that it does not include sodium, potassium or chloride or compounds that include those elements. (minéral nutritif) poultry product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de volaille) vitamin has the same meaning as in subsection D.01.002(1) of the Food and Drug Regulations. (vitamine) water activity means the ratio of the water vapour pressure of a meat product, poultry product or fish to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau) SOR/2019-206, s. 28. Prohibited things 102.1 (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything in a quantity that would cause the sale of the edible cannabis to be prohibited under any of paragraphs 4(1)(a) to (d) of the Food and Drugs Act if the edible cannabis were a food to which that Act applies. Not poisonous, harmful or adulterated (2) Edible cannabis does not have a poisonous or harmful substance in or on it, within the meaning of paragraph 4(1)(a) of the Food and Drugs Act, and is not adulterated, within the meaning of paragraph 4(1)(d) of that Act, by reason only that it contains or has on it (a) anything referred to in item 1 or 3 of Schedule 1 to the Act; (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Edible Cannabis Sections 102.1-102.5 (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and (ii) appropriate for a product that is to be ingested. SOR/2019-206, s. 28. Caffeine 102.2 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it caffeine unless (a) the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and (b) the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg. SOR/2019-206, s. 28. Ethyl alcohol 102.3 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it ethyl alcohol unless the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis. SOR/2019-206, s. 28. Cannabis products requiring refrigeration 102.4 It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — if the unopened immediate container must be stored at or below 4°C to prevent the cannabis product from becoming contaminated before its durable life date. SOR/2019-206, s. 28. Hermetically sealed containers 102.5 (1) It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — in a hermetically sealed container if any component of the edible cannabis has a pH that exceeds 4.6 and a water activity that exceeds 0.85 at a temperature of 22 ± 2°C. Definitions (2) The following definitions apply in subsection (1). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Edible Cannabis Sections 102.5-103.2 hermetically sealed container means a container that, due to its design, is secure against the entry of micro-organisms, including spores. (contenant hermétiquement scellé) water activity means the ratio of the water vapour pressure of the component to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau) SOR/2019-206, s. 28. Irradiation 102.6 A holder of a licence for processing must not irradiate edible cannabis unless (a) the edible cannabis would be a food that is listed in item 3 or 4, column 1, of the table to Division 26 of Part B of the Food and Drug Regulations if the edible cannabis did not contain or have on it anything that is referred to in item 1 or 3 of Schedule 1 to the Act; and (b) the holder satisfies the requirements set out in paragraphs B.26.003(2)(a) and (b) and subsection B.26.004(1) of those Regulations in respect of the edible cannabis. SOR/2019-206, s. 28. Maximum quantity of THC 102.7 Subject to subsection 97(2), edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 10 mg per immediate container, taking into account the potential to convert THCA into THC. SOR/2019-206, s. 28. Cannabis Accessory or Component Contamination 103 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not be contaminated. SOR/2019-206, s. 29. Flavour 103.1 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not impart a characterizing flavour to the cannabis. SOR/2019-206, s. 29. Dispensing limit 103.2 Subject to subsection 97(1), each activation of the following cannabis accessories must not dispense a Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6 Cannabis Products Cannabis Accessory or Component Sections 103.2-104.1 quantity of cannabis extract that contains greater than 10 mg of THC, taking into account the potential to convert THCA into THC: (a) a cannabis accessory that is a cannabis product and that dispenses a cannabis extract that is intended for ingestion or nasal, rectal or vaginal use; or (b) a cannabis accessory that is packaged with, and that is intended to dispense, a cannabis extract that is a cannabis product and that is intended for ingestion or nasal, rectal or vaginal use. SOR/2019-206, s. 29. Psychological effects, abuse liability and toxicity 104 (1) A component of a cannabis product — other than a component that is anything referred to in item 1 or 3 of Schedule 1 to the Act — and a cannabis accessory that is packaged with a cannabis product must not, through any means other than heating or combustion, and when used as intended or in a reasonably foreseeable way, (a) alter or enhance the psychological effects derived from the cannabis product in a manner that may cause injury to the health of the user; (b) increase the potential for abuse liability of the cannabis product; or (c) increase the toxicity of the cannabis product. Exceptions (2) Subsection (1) does not prohibit the presence of (a) ethyl alcohol in or on a cannabis product referred to in subsection 101.3(6) or section 102.3 if the conditions set out in that subsection or section, as the case may be, are met; and (b) caffeine in or on a cannabis product referred to in section 102.2 if the conditions set out in that section are met. SOR/2019-206, s. 29. PART 6.1 Promotion Non-application — prescription drug and combination product 104.1 Sections 104.11 to 104.16 do not apply to a prescription drug or a combination product. SOR/2019-206, s. 29. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6.1 Promotion Sections 104.11-104.14 Flavours 104.11 It is prohibited to promote a cannabis extract — or a cannabis accessory that contains a cannabis extract — under subsections 17(2) to (6) of the Act in a manner that could cause a person to believe that the cannabis extract or the cannabis accessory has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis. SOR/2019-206, s. 29. Health and cosmetic benefits 104.12 (1) It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that health or cosmetic benefits may be derived from the service or the use of the cannabis or the cannabis accessory. Non-application — medical devices (2) Subsection (1) does not apply with respect to a medical device in respect of which a licence has been issued under subsection 36(1) of the Medical Devices Regulations. SOR/2019-206, s. 29. Energy value and amount of nutrient 104.13 (1) It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act by communicating information about the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations. Exception — nutrition facts table (2) Despite subsection (1), edible cannabis or a cannabis accessory that contains edible cannabis may be promoted by reproducing the nutrition facts table that is required to be included on the label of any container in which the edible cannabis or the cannabis accessory is packaged in accordance with these Regulations using smaller, larger or identical dimensions and spacing. SOR/2019-206, s. 29. Dietary requirements 104.14 It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that the edible cannabis or accessory is intended Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6.1 Promotion Sections 104.14-104.19 (a) to meet the particular dietary requirements of an individual (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or (b) to meet the dietary requirements of young persons. SOR/2019-206, s. 29. Alcoholic beverages 104.15 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with an alcoholic beverage. SOR/2019-206, s. 29. Tobacco products and vaping products 104.16 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies. SOR/2019-206, s. 29. Place where young persons are not permitted 104.17 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law. SOR/2019-206, s. 29. Number of brand elements 104.18 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act in a manner that results in the same brand element being displayed more than once on a thing referred to in that subsection or in more than one brand element being displayed on the thing. SOR/2019-206, s. 29. Public place frequented mainly by young persons 104.19 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 6.1 Promotion Sections 104.19-105 subsection 17(6) of the Act by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on any thing that is in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons or that is visible from such a place. SOR/2019-206, s. 29. Dimensions of brand element 104.2 A brand element referred to in subsection 17(6) of the Act must meet the following requirements: (a) the surface area must be smaller than or equal to 300 cm2; and (b) the height of any letter, character or number must be smaller than or equal to 4 cm. SOR/2019-206, s. 29. PART 7 Packaging and Labelling Definitions Definitions 105 (1) The following definitions apply in this Part. common name, in respect of edible cannabis, has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel) daily value means (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, as defined in subsection B.01.001(1) of the Food and Drug Regulations, the quantity set out in column 3; and (b) in the case of a nutrient set out in column 1 of Part 2 of the table referred to in paragraph (a), the quantity set out in column 4. (valeur quotidienne) energy value means, in respect of a cannabis product, the amount of energy made available to a person’s body when the chemical components of the cannabis product, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the cannabis product by the person. (valeur énergétique) expiry date means the date, expressed at minimum as a year and month, that is the end of the stability period of a cannabis product. (date limite d’utilisation) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Definitions Section 105 exterior display surface means the area on the exterior surface of an immediate container to which a label is applied and that is visible under customary conditions of purchase or use. (espace extérieur d’affichage) exterior surface includes a label or an image. (surfaces extérieures) fat has the same meaning as in subsection B.01.400(1) of the Food and Drug Regulations. (lipides) food allergen has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (allergène alimentaire) food allergen source, gluten source and added sulphites statement means a statement appearing on the label of any container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged that indicates the source of a food allergen or gluten that is present in the cannabis product or the presence in the cannabis product of added sulphites in an amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés) gluten has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (gluten) immediate container [Repealed, SOR/2019-206, s. 30] INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI) label does not include a panel referred to in paragraph 132.27(1)(b). (étiquette) p.p.m. means parts per million by weight. (p.p.m.) principal display panel has the same meaning as in subsection 2(2) of the Consumer Packaging and Labelling Regulations. (espace principal) saturated fatty acids, saturated fat, saturates or saturated has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés) standardized cannabis symbol means the symbol set out in the document entitled Standardized Cannabis Symbol, as amended from time to time and published by the Government of Canada on its website. (symbole normalisé du cannabis) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Definitions Sections 105-107 sugars-based ingredient has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (ingrédient à base de sucres) sulphites means one or more of the following food additives: (a) potassium bisulphite; (b) potassium metabisulphite; (c) sodium bisulphite; (d) sodium dithionite; (e) sodium metabisulphite; (f) sodium sulphite; (g) sulphur dioxide; and (h) sulphurous acid. (sulfites) trans fatty acids, trans fat or trans has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras trans, graisses trans, gras trans, lipides trans ou trans) Definition of panel (2) For the purposes of sections 112 to 117, 121 and 132.13, subsections 132.27(2) to (7) and (9) and sections 132.28 to 132.32, panel means a panel referred to in paragraph 132.27(1)(b). SOR/2019-206, s. 30. General Provisions Requirement — sale and distribution of cannabis product 106 (1) A holder of a licence must not sell or distribute a cannabis product unless the applicable requirements set out in sections 108 to 136 have been met. Requirement — exportation of cannabis product (2) A holder of a licence must not export a cannabis product unless the requirements set out in paragraph 123(1)(a) and subparagraphs 123(1)(c)(ii) and (iv) have been met. Exception — shipping container 107 The requirements set out in this Part do not apply in respect of a shipping container. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 108-111 Packaging — Cannabis Products Immediate container 108 The immediate container in which a cannabis product, other than a cannabis plant or cannabis plant seeds, is packaged must (a) be opaque or translucent; (b) prevent contamination of the cannabis; (c) in the case of dried cannabis, or a cannabis accessory that contains dried cannabis, keep the cannabis dry; (d) have a security feature that provides reasonable assurance to consumers that it has not been opened prior to receipt; (e) meet the requirements of a child resistant package under subsections C.01.001(2) to (4) of the Food and Drug Regulations; and (f) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act. Cannabis plant — not budding or flowering 109 (1) A cannabis plant must not be budding or flowering at the time of packaging. Cannabis plant — container (2) The container in which a cannabis plant is packaged must not contain more than four cannabis plants. Cannabis plant seeds — immediate container 110 The immediate container in which cannabis plant seeds are packaged must (a) keep the cannabis plant seeds dry; and (b) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act. Brand element 111 Subject to the other provisions of these Regulations, the interior surface and exterior surface of any container in which a cannabis product is packaged must not display any brand element. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 112-115 Image 112 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not display any image. SOR/2019-206, s. 31. Uniform colour 113 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the colour of the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must be one uniform colour. However, the colour of each surface and the panel may be different. Colour — other requirements (2) The colour of the interior surface, exterior surface and panel must meet the following requirements: (a) it must not have the lustre of metal or have metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics; (b) it must not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; and (c) it must create a contrast with (i) the yellow colour of the background of the health warning message, and (ii) the red colour of the standardized cannabis symbol. Exception (3) Despite subsection (2), (a) an interior surface that is made of metal may be the colour of the metal; and (b) an exterior surface of an immediate container that is made of metal, excluding the label or any image, may be the colour of the metal. SOR/2019-206, s. 32. 114 [Repealed, SOR/2019-206, s. 33] Texture 115 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 115-118 surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must have a smooth texture without any raised features, embossing, decorative ridges, bulges or other irregularities. Non-application (2) Subsection (1) does not apply to the features of a container that are necessary to (a) facilitate the opening and closing of the container; or (b) assist visually impaired individuals. SOR/2019-206, s. 34. Hidden features 116 (1) The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not include any hidden feature that is designed to change the appearance of the container, covering or panel, such as heat-activated ink or a feature that is visible only through technological means, except a feature that is used to prevent counterfeiting. Feature designed to change surface area (2) Subject to section 132.27, the interior surface and exterior surface of any container in which a cannabis product is packaged and any covering of such a container must not include any feature that is designed to change the surface area of the container or covering, such as a fold-out panel. SOR/2019-206, s. 35. Scent and sound 117 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not be capable of emitting a scent or sound. SOR/2019-206, s. 35. Covering — brand element 118 The covering of any container in which a cannabis product is packaged must not display any brand element. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 119-122.2 Covering — image or information 119 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must not display any image or information. Covering — transparent and colourless 120 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must be transparent and colourless. Cut-out window 121 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not include any cut-out window. SOR/2019-206, s. 36. Bar code 122 (1) A bar code may be displayed only once on any container in which a cannabis product is packaged. Shape and colour (2) Every bar code must be rectangular in shape and not contain any image or design and must be printed in black and white. Wrapper 122.1 A wrapper may be used with respect to a cannabis product only if (a) it is in direct contact with the cannabis or the cannabis accessory and with one or both of the following: (i) the immediate container of the cannabis product, (ii) a wrapper that is in direct contact with the cannabis or the cannabis accessory; and (b) it is required to maintain the quality or stability of the cannabis product. SOR/2019-206, s. 37. Packaging requirements — other Regulations 122.2 The following immediate container and wrappers must meet the requirements set out in Division 23 of Part B of the Food and Drug Regulations and subparagraphs 186(a)(i), (ii) and (v) to (vii) of the Safe Food for Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 122.2-122.4 Canadians Regulations as if the cannabis that the immediate container contains or with which the wrappers are in direct contact were a food for the purposes of that Division and those subparagraphs: (a) the immediate container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged; (b) any wrapper that is in direct contact with edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product; and (c) any wrapper that is in direct contact with a cannabis extract that is intended for ingestion — or a cannabis accessory that contains cannabis extract intended for ingestion — that is a cannabis product. SOR/2019-206, s. 37. Maximum quantity — cannabis extract 122.3 The immediate container of a cannabis extract that is a cannabis product must not contain more than 90 mL of extract that is in non-solid form at a temperature of 22 ± 2°C. SOR/2019-206, s. 37. Outermost container 122.4 (1) The outermost container in which a cannabis product is packaged must not contain (a) food; (b) more than one class of cannabis set out in Schedule 4 to the Act; or (c) more than one immediate container. Exception — multiple immediate containers (2) Despite paragraph (1)(c), the outermost container may contain more than one immediate container of edible cannabis if the following requirements are met: (a) the outermost container meets the requirements of section 132.18; (b) the immediate containers meet the requirements of section 132.18, if they contain edible cannabis that is in discrete units, or section 132.19, if they contain edible cannabis that is not in discrete units; (c) the total quantity of THC in the immediate containers does not exceed 10 mg of THC, taking into account the potential to convert THCA into THC; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Packaging — Cannabis Products Sections 122.4-122.5 (d) the total quantity of cannabis in the immediate containers does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act; (e) the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the total quantity of cannabis, in grams, as determined in accordance with subsection 2(4) of the Act, in the immediate containers)g of dried cannabis” is displayed on the label of the outermost container; and (f) the properties of the edible cannabis in all the immediate containers are consistent. Interpretation — “unit” (3) For the purposes of paragraph (2)(a), the word “unit” referred to in subsection 132.18(1) is to be read as “immediate container”. SOR/2019-206, s. 37. Control measures for dispensing cannabis extract 122.5 (1) The immediate container of a cannabis extract that is a cannabis product and that is not in discrete units must (a) not permit the extract to be easily poured or drunk directly from the container; and (b) contain an integrated dispensing mechanism that dispenses no more than 10 mg of THC per activation, taking into account the potential to convert THCA into THC, if the cannabis extract (i) is in liquid form at a temperature of 22 ± 2°C, (ii) is not intended to be consumed only by means of inhalation, and (iii) contains at least 10 mg of THC, taking into account the potential to convert THCA into THC. Non-application — integrated dispensing mechanism (2) Paragraph (1)(b) does not apply to an immediate container in which a cannabis accessory referred to in paragraph 103.2(a) is packaged. SOR/2019-206, s. 37. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 123 Labelling — Cannabis Products Information 123 (1) The following information must be included on the label that is applied to any container in which a cannabis product is packaged: (a) the name, telephone number and email address of the following: (i) in the case of a cannabis plant or cannabis plant seeds, the holder of a licence for cultivation that cultivated the cannabis plant or cannabis plant seeds, or (ii) in the case of any other cannabis product, the holder of a licence for processing that manufactured the product; (b) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs; (c) in respect of the product (i) the brand name, (ii) the lot number, preceded by one of the following designations: (A) “Lot number”, (B) “Lot no.”, (C) “Lot”, or (D) “(L)”, (iii) the recommended storage conditions, (iv) the packaging date, and (v) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either (A) the expiry date in accordance with subsection (2), or (B) a statement that no expiry date has been determined; (d) the warning “KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS”; (e) one of the health warning messages set out in the document entitled Cannabis Health Warning Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 123 Messages, as amended from time to time and published by the Government of Canada on its website, that applies to the cannabis product; (f) in the case of a cannabis product that contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC, the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file; and (g) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the container)g of dried cannabis”. Expiry date (2) The label of a container in which cannabis other than edible cannabis is packaged must not include an expiry date unless the holder of the licence for processing that manufactured the cannabis product has data that establishes the stability period during which, after the cannabis is packaged in accordance with these Regulations and stored under its recommended storage conditions, (a) in the case of dried cannabis or fresh cannabis, (i) it maintains not less than 80% and not more than 120% of its THC content and CBD content, and (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to subsection 93(3); and (b) in the case of a cannabis extract or a cannabis topical, (i) it maintains its THC content and CBD content within the variability limits referred to in subsection 97(1), and (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to in section 101.1. No expiry date — edible cannabis (2.1) The label of a container in which edible cannabis is packaged must not include an expiry date. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 123-123.1 Stability period — retention of document (3) The holder of the licence for processing that manufactured the cannabis product must, if they include an expiry date on the label of the container, retain a document that contains the data referred to in subsection (2) for at least two years after the day on which the last sale or distribution of any portion of the lot or batch of the cannabis product with that expiry date takes place, other than for destruction. Rotation (4) The health warning messages referred to in paragraph (1)(e) must be displayed in rotation on each type of container of each brand name of the cannabis product that is packaged in a year, so that each health warning message is displayed, to the extent possible, on equal numbers of containers of that product. Non-application — sections 26 and 27 of Act (5) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a). SOR/2019-206, s. 38. Wrapper 123.1 (1) The interior and exterior surface of a wrapper must (a) not display any brand element; (b) not display any image or information; (c) be one uniform colour, which may be different for each surface; (d) not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; (e) have a smooth texture without any embossing or decorative ridges; (f) not include any hidden feature that is designed to change the appearance of the wrapper, such as heatactivated ink or a feature that is visible only through technological means; and (g) not be capable of emitting a scent or sound. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 123.1-124 Standardized cannabis symbol (2) Despite paragraph (1)(b), the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the exterior surface of any wrapper if the concentration of THC in the cannabis that is in direct contact with the wrapper or that is in the cannabis accessory that is in direct contact with the wrapper is greater than 10 μg/g, taking into account the potential to convert THCA into THC. Requirements (3) The standardized cannabis symbol must meet the following requirements: (a) it must be at least 1.27 cm by 1.27 cm in size; (b) it must be displayed with a white border of at least 2 points on all sides; and (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally. SOR/2019-206, s. 39. Dried cannabis or fresh cannabis — discrete units and not intended for inhalation 124 (1) In the case of dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is in discrete units and is not intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of dried cannabis or fresh cannabis; (b) the number of units; (c) the net weight, in grams, of dried cannabis or fresh cannabis in each unit; (d) the quantity of THC, in milligrams, in each unit, preceded by “THC per unit”; (e) the quantity of THC, in milligrams, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”; (f) the quantity of CBD, in milligrams, in each unit, preceded by “CBD per unit”; (g) the quantity of CBD, in milligrams, that each discrete unit could yield, taking into account the potential Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 124-125 to convert CBDA into CBD, preceded by “Total CBD per unit”; and (h) the intended use of the cannabis product. Maximum quantity of THC on label (2) The quantity of THC that is included, in accordance with paragraph (1)(e), on the label of a container in which is packaged dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is intended for ingestion or nasal, rectal or vaginal use must not exceed 10 mg. SOR/2019-206, s. 40. Dried cannabis or fresh cannabis — discrete units and intended for inhalation 124.1 In the case of dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is in discrete units and is intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of dried cannabis or fresh cannabis; (b) the number of units; (c) the net weight, in grams, of dried cannabis or fresh cannabis in each unit; (d) the concentration of THC, in milligrams per gram, preceded by “THC”; (e) the concentration of THC, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (f) the concentration of CBD, in milligrams per gram, preceded by “CBD”; (g) the concentration of CBD, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; and (h) the intended use of the cannabis product. SOR/2019-206, s. 41. Dried cannabis or fresh cannabis — not in discrete units 125 In the case of dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 125-130 fresh cannabis — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of dried cannabis or fresh cannabis; (b) the concentration of THC, in milligrams per gram, preceded by “THC”; (c) the concentration of THC, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (d) the concentration of CBD, in milligrams per gram, preceded by “CBD”; and (e) the concentration of CBD, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”. SOR/2019-206, s. 42. 126 [Repealed, SOR/2019-206, s. 43] 127 [Repealed, SOR/2019-206, s. 43] Cannabis plants 128 In the case of a cannabis plant, the number of plants in the container must be included on the label that is applied to any container in which a cannabis product is packaged. Cannabis plant seeds 129 In the case of cannabis plant seeds, the number of seeds in the container must be included on the label that is applied to any container in which a cannabis product is packaged. Presentation of information — general requirement 130 (1) All information that is included on a label must be in English and in French, except for the INCI name and the EU trivial name. Presentation — required information (2) All information that is required to be included on a label must be clearly and prominently displayed and readily discernible under the customary conditions of purchase and use. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 130 Other required information (3) All information that is required to be included on a label, other than the brand name, the standardized cannabis symbol and the health warning message must meet the following requirements: (a) subject to subparagraph (e)(ii), it must be in a regular weight and width standard sans serif font, without italics, in the colour black and with leading of at least 7 points; (b) it must be in one single font type; (c) it must be in a type size of at least 6 points and smaller than the type size used for the health warning message; (d) it must be on a white background that extends at least 6 points on all sides away from the information; and (e) in the case of the information required under paragraphs 124(1)(d) to (g), 124.1(d) to (g), 125(b) to (e), 132.1(1)(d) to (g), 132.11(d) to (g), 132.12(1)(b) to (e), 132.15(d) to (g), 132.16(b) to (e), 132.18(1)(c) to (j) and 132.19(1)(b) to (e), it must be (i) displayed on the principal display panel, or if there are separate principal display panels for English and French, on each principal display panel, (ii) in bold type, and (iii) at least 6 points away from any other information. Brand name (4) The brand name that is required to be included on a label must meet the following requirements: (a) it must be in a type size that is smaller than or equal to the type size used for the health warning message; (b) it must not be a colour that has the lustre of metal or has metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics; (c) it must not be a colour that is fluorescent, has fluorescent properties in the ink or has pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; and (d) it must be displayed only once on the principal display panel, or if there are separate principal display Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 130 panels for English and French, only once on each principal display panel. Standardized cannabis symbol (5) The standardized cannabis symbol that is required to be included on a label must meet the following requirements: (a) it must appear in the upper left 25% of the principal display panel, or if there are separate principal display panels for English and French, in the upper left 25% of each principal display panel; (b) it must be at least 1.27 cm by 1.27 cm in size; (c) it must be displayed with a white border of at least 2 points on all sides; (d) it must be oriented in such a manner that its text is readable from left to right when the container is displayed or visible under the customary conditions of purchase and use; and (e) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally. Health warning message (6) The health warning message that is required to be included on a label must meet the following requirements: (a) it must be displayed on the principal display panel or, if there are separate principal display panels for English and French, on each principal display panel; (b) subject to paragraphs (c) and (d), it must be in a regular weight and width standard sans serif font, without italics, in the colour black and with leading of at least 8 points; (c) the word “WARNING” must be in upper case letters and bold type; (d) the first sentence must be in sentence case letters and bold type; (e) the second sentence must be in sentence case letters; (f) it must be in the same font type as that used for the information referred to in subsection (3); (g) it must be in a type size of at least 7 points and the type size must be equal to or larger than the type size used for the brand name; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 130 (h) it must be within a black border that is a solid line of at least 1 point and that has an inset of at least 6 points on all sides between the message and the border; (i) the background colour must be yellow with the CMYK value (C=0 M=0 Y=100 K=0); (j) the message must be (i) left-justified without hyphenation, and (ii) oriented in such a manner that its text is readable from left to right when the container is displayed or visible under the customary conditions of purchase and use; and (iii) [Repealed, SOR/2019-206, s. 44] (k) in the case where there is one principal display panel, there must be at least 3 points between the English and French message. Attribution (7) Any attribution to the source of the health warning message that is included on the label must meet the following requirements: (a) only the following attributions may be displayed: (i) if there is one principal display panel, the words “Health Canada / Santé Canada”, and (ii) if there are separate principal display panels for English and French, the words “Health Canada” for the English display panel and the words “Santé Canada” for the French display panel; (b) it must be in the same font type as that used for the information referred to in subsection (3); (c) it must be in a type size of at least 6 points and smaller than the type size used for the health warning message; and (d) it must be inside the border of the health warning message and be displayed in the bottom right corner below the health warning message text, with leading of at least 7 points. Other information (8) Any other information that is included on the label must meet the following requirements: (a) it must be in regular weight and width standard sans serif font, without italics, and in black or white colour; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 130 (b) it must be in a type size that is smaller than or equal to the type size used for the information referred to in subsection (3). Brand element (9) A label may include only one brand element, other than a brand name, if that brand element meets the following requirements: (a) it must be displayed only once on the principal display panel or, if there are separate principal display panels for English and French, only once on each principal display panel; (b) it must not be a colour that has the lustre of metal or has metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics; (c) it must not be a colour that is fluorescent, has fluorescent properties in the ink or has pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; (d) if the brand element is an image, its surface area must be (i) in the case where the standardized cannabis symbol must be included on the label in accordance with paragraph 123(1)(f), smaller than or equal to the surface area of the standardized cannabis symbol, or (ii) in any other case, smaller than or equal to 25% of the principal display panel and smaller than or equal to the surface area within the border that surrounds the health warning message that is included on the label in accordance with paragraph (6)(h); and (e) if the brand element is text only, its type size must be smaller than or equal to the type size used for the health warning message. Image (10) The label may include an image that is printed in black and white and that provides instructions on how to open the container. Location of information on irradiation — edible cannabis (11) Information that is required to be included on a label under paragraph 132.18(1)(p) or 132.19(1)(k) must be displayed on the principal display panel or, if there are Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 130-132.1 separate principal display panels for English and French, on each principal display panel. SOR/2019-206, s. 44. Representation resembling standardized cannabis symbol 131 A representation, such as an illustration, sign, mark, symbol or design, that so closely resembles the standardized cannabis symbol that it is likely to be mistaken for that symbol must not appear on any container in which a cannabis product is packaged. SOR/2019-206, s. 45(F). Insert or leaflet 132 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, any container in which a cannabis product is packaged must not include, or be accompanied by, an insert or leaflet. Cannabis extract — discrete units and not intended for inhalation 132.1 (1) In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is in discrete units and is not intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of the cannabis extract; (b) the number of units; (c) the net weight, in grams, of the cannabis extract in each unit; (d) the quantity of THC, in milligrams, in each unit, preceded by “THC per unit”; (e) the quantity of THC, in milligrams, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”; (f) the quantity of CBD, in milligrams, in each unit, preceded by “CBD per unit”; (g) the quantity of CBD, in milligrams, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”; (h) a list of the ingredients of the cannabis extract; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.1-132.11 (i) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination; (j) the identity of the cannabis product in terms of its common name or in terms of its function; and (k) the intended use of the cannabis product. Maximum quantity of THC on label (2) The quantity of THC that is included on the label, in accordance with paragraph (1)(e), of a container in which is packaged a cannabis extract — or in which is packaged a cannabis accessory that contains a cannabis extract — that is intended for ingestion or nasal, rectal or vaginal use must not exceed 10 mg. SOR/2019-206, s. 46. Cannabis extract — discrete units and intended for inhalation 132.11 In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is in discrete units and is intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of the cannabis extract; (b) the number of units; (c) the net weight, in grams, of the cannabis extract in each unit; (d) the concentration of THC, in milligrams per gram, in the cannabis extract, preceded by “THC”; (e) the concentration of THC, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (f) the concentration of CBD, in milligrams per gram, in the cannabis extract, preceded by “CBD”; (g) the concentration of CBD, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; (h) a list of the ingredients of the cannabis extract; (i) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.11-132.12 (j) the identity of the cannabis product in terms of its common name or in terms of its function; and (k) the intended use of the cannabis product. SOR/2019-206, s. 46. Cannabis extract — not in discrete units 132.12 (1) In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of the cannabis extract; (b) the concentration of THC, in milligrams per gram, in the cannabis extract, preceded by “THC”; (c) the concentration of THC, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (d) the concentration of CBD, in milligrams per gram, in the cannabis extract, preceded by “CBD”; (e) the concentration of CBD, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; (f) in the case of a cannabis accessory that contains a cannabis extract intended for ingestion or nasal, rectal or vaginal use or that is packaged with and is intended to dispense the extract, (i) the quantity of THC, in milligrams, that each activation of the accessory dispenses, taking into account the potential to convert THCA into THC, preceded by “Total THC per activation”, and (ii) the quantity of CBD, in milligrams, that each activation of the accessory dispenses, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per activation”; (g) a list of the ingredients of the cannabis extract; (h) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.12-132.14 (i) the identity of the cannabis product in terms of its common name or in terms of its function; and (j) the intended use of the cannabis product. Maximum quantity of THC on label (2) The quantity of THC that is included on the label in accordance with subparagraph (1)(f)(i) must not exceed 10 mg. SOR/2019-206, s. 46. Flavours — cannabis extract 132.13 (1) It is prohibited to display on a cannabis extract that is a cannabis product or on a cannabis accessory that contains a cannabis extract and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — an indication or illustration, including a brand element, that could cause a person to believe that the cannabis product has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis. Non-application — name and email address (2) Subsection (1) does not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a). SOR/2019-206, s. 46. List of ingredients — cannabis extract 132.14 (1) The list of ingredients of a cannabis extract — or of a cannabis accessory that contains a cannabis extract — must meet the following requirements: (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list; (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the first ingredient in the list; and (c) the ingredients must be (i) set out in descending order of their proportion of the cannabis extract by weight, determined before the ingredients are combined to form the extract, (ii) in the case of vitamins referred to in subsection 101.3(3), set out by their chemical name, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.14-132.15 (iii) in any other case, set out by their common name or chemical name, and (iv) separated from other ingredients by a comma. Ingredients in proportion of 1% or less (2) Despite subparagraph (1)(c)(i), ingredients that are present in a proportion of 1% or less of the cannabis extract may be listed in any order after the ingredients that are present in a proportion of more than 1% of the cannabis extract. Exception — flavouring agent (3) Despite paragraph (1)(c), in the case where the cannabis extract contains one flavouring agent, it may be shown individually at the end of the list of ingredients by the name “flavouring agent” and in the case where the cannabis extract contains more than one flavouring agent, they may be shown collectively at the end of the list of ingredients by the name “flavouring agents”. No individual listing of flavouring agent (4) If flavouring agents are shown collectively by the name “flavouring agents” under subsection (3), a flavouring agent must not be shown individually in the list of ingredients. SOR/2019-206, s. 46. Cannabis topical — discrete units 132.15 In the case of a cannabis topical — or a cannabis accessory that contains a cannabis topical — that is in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of the cannabis topical; (b) the number of units; (c) the net weight, in grams, of the cannabis topical in each unit; (d) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, in each unit, preceded by “THC per unit”; (e) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, that each unit could yield, taking into account the potential Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.15-132.16 to convert THCA into THC, preceded by “Total THC per unit”; (f) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, in each unit, preceded by “CBD per unit”; (g) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”; (h) a list of the ingredients of the cannabis topical; (i) the identity of the cannabis product in terms of its common name or in terms of its function; and (j) the intended use of the cannabis product. SOR/2019-206, s. 46. Cannabis topical — not in discrete units 132.16 In the case of a cannabis topical — or a cannabis accessory that contains a cannabis topical — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) the net weight, in grams, of the cannabis topical; (b) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, in the cannabis topical, preceded by “THC”; (c) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, that the cannabis topical could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (d) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, in the cannabis topical, preceded by “CBD”; (e) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, that the cannabis topical could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; (f) a list of the ingredients of the cannabis topical; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.16-132.17 (g) the identity of the cannabis product in terms of its common name or in terms of its function; and (h) the intended use of the cannabis product. SOR/2019-206, s. 46. List of ingredients – cannabis topical 132.17 (1) The list of ingredients of a cannabis topical — or of a cannabis accessory that contains a cannabis topical — must meet the following requirements: (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list; (b) no intervening printed, written or graphic material is to appear between the term referred to in paragraph (a) and the first ingredient in the list; and (c) the ingredients are to be separated from other ingredients by a comma and shown in descending order of their proportion of the cannabis topical by weight, determined before the ingredients are combined to form the cannabis topical, as follows: (i) by their INCI name, (ii) if an ingredient has no INCI name, by its chemical name, (iii) in the case of a botanical, by specifying at least the genus and species portions of its INCI name or, if it has no INCI name, by its chemical name, or (iv) if an ingredient is included in the schedule to the Cosmetic Regulations, by its EU trivial name set out in column 1 of that schedule or by the appropriate English and French equivalents set out in columns 2 and 3 of that schedule. Ingredients in proportion of 1% or less (2) Despite paragraph (1)(c), ingredients that are present in a proportion of 1% or less and all colouring agents of the cannabis topical may be listed in any order after the ingredients that are present in a proportion of more than 1% of the cannabis topical. Fragrance and flavour (3) The word “parfum” or “aroma”, respectively, may be inserted at the end of the list of ingredients to indicate Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.17-132.18 that an ingredient has been added to the cannabis topical to produce a fragrance or flavour. Definition of botanical (4) For the purposes of this section, botanical means an ingredient that is directly derived from a plant and that has not been chemically modified before it is used in the production of a cannabis topical. SOR/2019-206, s. 46. Edible cannabis — discrete units 132.18 (1) In the case of edible cannabis — or a cannabis accessory that contains edible cannabis — that is in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) if the edible cannabis is in solid form, its net weight, in grams, and in any other case, its net volume, in millilitres; (b) the number of units; (c) the quantity of THC, in milligrams, in each unit, preceded by “THC per unit”; (d) the quantity of THC, in milligrams, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”; (e) the quantity of THC, in milligrams, in the edible cannabis, preceded by “THC”; (f) the quantity of THC, in milligrams, that the edible cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; (g) the quantity of CBD, in milligrams, in each unit, preceded by “CBD per unit”; (h) the quantity of CBD, in milligrams, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”; (i) the quantity of CBD, in milligrams, in the edible cannabis, preceded by “CBD”; (j) the quantity of CBD, in milligrams, that the edible cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.18 (k) a list of the ingredients of the edible cannabis, including constituents, if any; (l) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination, (i) in a food allergen source, gluten source and added sulphites statement, if the food allergen or gluten (A) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a constituent of that ingredient or present in a constituent of that ingredient, or (B) is, or is present in, a constituent and neither the constituent nor the ingredient in which it is present is shown in the list of ingredients, or (ii) in all other cases, either in the list of ingredients or in a food allergen source, gluten source and added sulphites statement; (m) the sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more, (i) if at least one sulphite is required to be shown in the list of ingredients under these Regulations, in the list of ingredients, or in the list of ingredients and in a food allergen source, gluten source and added sulphites statement, or (ii) in any other case, in the list of ingredients, in a food allergen source, gluten source and added sulphites statement or in both; (n) a nutrition facts table that contains only the information set out in column 1 of the table to section 132.22, expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4; (o) the common name of the cannabis product; (p) if the edible cannabis is irradiated under section 102.6, the symbol set out in subsection B.01.035(5) of the Food and Drug Regulations and one of the following statements or a statement that has the same meaning: (i) “treated with radiation”, (ii) “treated by irradiation”, or (iii) “irradiated”; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.18-132.19 (q) if an irradiated food referred to in column 1 of the table to Division 26 of Part B of the Food and Drug Regulations is an ingredient or constituent of the edible cannabis and constitutes 10% or more of the edible cannabis, the statement “irradiated” preceding any mention of the ingredient or constituent on the label. Maximum quantity of THC on label (2) The quantity of THC that is included on the label in accordance with paragraph (1)(f) must not exceed 10 mg. Ingredient not required to be listed (3) Despite paragraph (1)(k), if one or more constituents of an ingredient are required by these Regulations to be listed in a list of ingredients, the ingredient is not required to be listed if all constituents of the ingredient are shown in the list by their common names and in accordance with subparagraphs 132.21(1)(c)(i) and (ii). Risk of cross-contamination (4) Despite paragraph (1)(l), the source of a food allergen or gluten must be shown on the label if it includes a declaration alerting consumers that, due to a risk of crosscontamination, the edible cannabis may contain the source of a food allergen or gluten. SOR/2019-206, s. 46. Edible cannabis — not in discrete units 132.19 (1) In the case of edible cannabis — or a cannabis accessory that contains edible cannabis — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information: (a) if the edible cannabis is in solid form, its net weight, in grams, and in any other case, its net volume, in millilitres; (b) the quantity of THC, in milligrams, in the edible cannabis, preceded by “THC”; (c) the quantity of THC, in milligrams, that the edible cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.19 (d) the quantity of CBD, in milligrams, in the edible cannabis, preceded by “CBD”; (e) the quantity of CBD, in milligrams, that the edible cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; (f) a list of the ingredients of the edible cannabis, including constituents, if any; (g) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination, (i) in a food allergen source, gluten source and added sulphites statement, if the food allergen or gluten (A) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a constituent of that ingredient or present in a constituent of that ingredient, or (B) is, or is present in, a constituent and neither the constituent nor the ingredient in which it is present is shown in the list of ingredients, or (ii) in all other cases, either in the list of ingredients or in a food allergen source, gluten source and added sulphites statement; (h) the sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more, (i) if at least one sulphite is required to be shown in the list of ingredients under these Regulations, in the list of ingredients, or in the list of ingredients and in a food allergen source, gluten source and added sulphites statement, or (ii) in any other case, in the list of ingredients, in a food allergen source, gluten source and added sulphites statement or in both; (i) a nutrition facts table that contains only the information set out in column 1 of the table to section 132.22, expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4; (j) the common name of the cannabis product; (k) if the edible cannabis is irradiated under section 102.6, the symbol set out in subsection B.01.035(5) of the Food and Drug Regulations and one of the following statements or a statement that has the same meaning: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.19-132.2 (i) “treated with radiation”, (ii) “treated by irradiation”, or (iii) “irradiated”; and (l) if an irradiated food referred to in column 1 of the table to Division 26 of Part B of the Food and Drug Regulations is an ingredient or constituent of the edible cannabis and constitutes 10% or more of the edible cannabis, the statement “irradiated” preceding any mention of the ingredient or constituent on the label. Maximum quantity of THC on label (2) The quantity of THC that is included on the label in accordance with paragraph (1)(c) must not exceed 10 mg. Ingredient not required to be listed (3) Despite paragraph (1)(f), if one or more constituents of an ingredient are required by these Regulations to be listed in a list of ingredients, the ingredient is not required to be listed if all constituents of the ingredient are shown in the list by their common names and in accordance with subparagraphs 132.21(1)(c)(i) and (ii). Risk of cross-contamination (4) Despite paragraph (1)(g), the source of a food allergen or gluten must be shown on the label if it includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten. SOR/2019-206, s. 46. Durable life date required 132.2 (1) In the case of edible cannabis having a durable life of 90 days or less, the durable life date must be shown on the label of any container in which the edible cannabis is packaged. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.2-132.21 Format of durable life date (2) Any durable life date on the label of any container in which edible cannabis is packaged must be shown in accordance with subsections B.01.007(4) and (5) of the Food and Drug Regulations. SOR/2019-206, s. 46. List of ingredients – edible cannabis 132.21 (1) The list of ingredients of edible cannabis — or of a cannabis accessory that contains edible cannabis — must meet the following requirements: (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list; (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the first ingredient in the list; (c) the ingredients and constituents must be (i) set out in descending order of their proportion of the edible cannabis by weight, determined before the ingredients and the constituents are combined to form the edible cannabis, (ii) separated from other ingredients or constituents by a comma, and (iii) set out by the applicable name in column II of the table to paragraph B.01.010(3)(a) of the Food and Drug Regulations or, if none applies, by their common name; (d) the constituents of an ingredient must be shown (i) set out in parentheses, immediately after the ingredient, unless the source of a food allergen or gluten is set out immediately after the ingredient, in which case the constituent of the ingredient must be set out immediately after that source, (ii) set out in descending order of their proportion of the ingredient by weight, determined before they are combined to form the edible cannabis, and (iii) separated from other constituents by a comma; (e) the source of a food allergen or gluten must be (i) set out in parentheses, (ii) set out immediately after an ingredient that is shown in that list, if the food allergen or gluten Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.21 (A) is the ingredient, (B) is present in the ingredient, but is not a constituent of or present in a constituent of that ingredient, or (C) is, or is present in, a constituent of the ingredient and the constituent is not shown in the list of ingredients, (iii) set out immediately after the constituent that is shown in the list, if the food allergen or gluten is that constituent or is present in that constituent, and (iv) separated by a comma from other sources of a food allergen or gluten that is shown for the same ingredient or constituent; (f) sulphites must be shown (i) set out by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, or individually by the applicable name set out in item 21, column I, of the table to paragraph B.01.010(3)(b) of the Food and Drug Regulations, (ii) in the case of the name “sodium dithionite”, “sulphur dioxide” or “sulphurous acid”, set out by that name, followed by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” in parentheses, unless (A) the word “sulfite” or “sulphite” appears in the common name of another sulphite in the list, (B) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is set out in parentheses following another sulphite in the list, or (C) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is shown in a food allergen source, gluten source and added sulphites statement on the label, and (iii) set out at the end of the list where they may be shown in any order with the other ingredients that are shown at the end of that list in accordance with subsection (3) or in parentheses immediately after the ingredient of which they are a constituent; and (g) if the edible cannabis contains one or more sugars-based ingredients, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.21 (i) the word “Sugars” in the English version of the list and the word “Sucres” in the French version of the list must appear (A) despite subparagraph (c)(i), in descending order of the proportion of all the sugars-based ingredients in the edible cannabis by weight, determined before they are combined to form the edible cannabis, and (B) separated from other ingredients by a comma, and (ii) each sugars-based ingredient must be shown (A) set out in parentheses, immediately following the word “Sugars” in the English version of the list and the word “Sucres” in the French version of the list, (B) set out in descending order of its proportion of the edible cannabis by weight, determined before it is combined to form the edible cannabis, and (C) separated from other sugars-based ingredients by a comma. Exception — ingredients and constituents shown collectively (2) Despite paragraph (1)(c), the ingredients and the constituents set out in column I of an item of the table to paragraph B.01.010(3)(b) of the Food and Drug Regulations may be shown collectively in the list of ingredients by the common name set out in column II of that item, unless one of the ingredients or constituents referred to in that table is shown separately in the list of ingredients by its common name. Exception — ingredients at the end of the list (3) Despite subparagraph (1)(c)(i), the ingredients referred to in subsection B.01.008.2(4) of the Food and Drug Regulations, regardless of their proportion, may be listed at the end of the list of ingredients, in any order. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.21-132.22 Exception — source of food allergen or gluten (4) Despite paragraph (1)(e), the source of the food allergen or gluten is not required to be set out in parentheses immediately after the ingredient or constituent, as the case may be, if the source of the food allergen or gluten appears (a) in the list of ingredients (i) as part of the common name of the ingredient or constituent, or (ii) in parentheses, in accordance with subparagraph (1)(e)(i), immediately after another ingredient or constituent; or (b) in the food allergen source, gluten source and added sulphites statement. SOR/2019-206, s. 46. Nutrition facts table 132.22 (1) The percentage of the daily value for a nutrient shown in the nutrition facts table on the label of any container in which edible cannabis is packaged must be established on the basis of the amount, by weight, of the nutrient per immediate container of edible cannabis, rounded off in the applicable manner set out in column 4 of the table to this section. Not a significant source of a nutrient (2) Information with respect to a nutrient set out in column 1 of the table to this section that may be expressed as “0” in the nutrition facts table may be omitted from that table if it includes the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)”. Presentation (3) Despite section 130, the nutrition facts table must be presented in accordance with the format specified in the applicable figure in the Directory of Nutrition Facts Table Formats for Edible Cannabis, as amended from time to time and published by the Government of Canada on its website, having regard to matters such as order of presentation, dimensions, spacing and use of upper and lower case letters and bold type. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 TABLE Information to be Included in the Nutrition Facts Table Column 1 Column 2 Column 3 Item Information Description Unit Immediate container size “Per container (naming the amount of edible cannabis in the immediate container)” The size i container Energy value “Calories”, “Total Calories” or “Calories, Total” The value per imme Amount of fat “Fat”, “Total Fat” or “Fat, Total” The amou (a) in tainer; (b) as value p Amount of saturated fatty acids “Saturated Fat”, The amou “Saturated Fatty Acids”, per imme “Saturated” or “Saturates” Amount of trans fatty acids “Trans Fat”, “Trans Fatty Acids” or “Trans” Current to June 20, 2022 Last amended on October 17, 2020 The amou per imme Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 Column 1 Column 2 Column 3 Item Information Description Unit The sum of saturated fatty acids and trans fatty acids “Saturated Fat + Trans Fat”, “Saturated Fatty Acids + Trans Fatty Acids”, “Saturated + Trans” or “Saturates + Trans” The sum percentag immediat Amount of cholesterol “Cholesterol” The amou milligram Amount of sodium The amou “Sodium” (a) in contai (b) as value p Amount of carbohydrate “Carbohydrate”, “Total Carbohydrate” or “Carbohydrate, Total” The amou per imme Amount of fibre “Fibre”, “Fiber”, “Dietary Fibre” or “Dietary Fiber” The amou (a) in tainer; (b) as value p Amount of sugars “Sugars” The amou (a) in tainer; (b) as value p Amount of protein Current to June 20, 2022 Last amended on October 17, 2020 “Protein” The amou per imme Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 Column 1 Column 2 Column 3 Item Information Description Unit Amount of potassium “Potassium” The amou (a) in contai (b) as value p Amount of calcium “Calcium” The amou (a) in contai (b) as value p Amount of iron “Iron” The amou (a) in contai (b) as value p Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 TABLEAU Renseignements devant être inclus dans le tableau de la v Colonne 1 Colonne 2 Colonne Article Renseignements Nomenclature Unité Dimension du contenant immédiat « Par contenant La dime (mention de la quantité immédia de cannabis comestible gramme dans le contenant immédiat) » Valeur énergétique « Calories » ou « Calories totales » La valeu par cont Teneur en lipides « Lipides » ou « Total des lipides » La teneu a) en immé b) en quoti médi Teneur en acides gras « Acides gras saturés », La teneu saturés « Lipides saturés » ou par cont « saturés » Teneur en acides gras « Acides gras trans », trans « Lipides trans » ou « trans » Current to June 20, 2022 Last amended on October 17, 2020 La teneu par cont Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 Colonne 1 Colonne 2 Colonne Article Renseignements Nomenclature Unité Somme des acides gras saturés et des acides gras trans « Acides gras saturés + acides gras trans », « Lipides saturés + lipides trans » ou « saturés + trans » La somm pourcen quotidie immédia Teneur en cholestérol « Cholestérol » La teneu milligram immédia Teneur en sodium La teneu « Sodium » a) en nant b) en quoti médi Teneur en glucides « Glucides » ou « Total des glucides » La teneu par cont Teneur en fibres « Fibres » ou « Fibres alimentaires » La teneu a) en immé b) en quoti médi Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.22 Colonne 1 Colonne 2 Colonne Article Renseignements Nomenclature Unité Teneur en sucres « Sucres » La teneu a) en immé b) en quoti médi Teneur en protéines « Protéines » Teneur en potassium « Potassium » La teneu par cont La teneu a) en nant b) en quoti médi Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.22-132.23 Colonne 1 Colonne 2 Colonne Article Renseignements Nomenclature Unité Teneur en calcium « Calcium » La teneu a) en nant b) en quoti médi Teneur en fer « Fer » La teneu a) en nant b) en quoti médi SOR/2019-206, s. 46. Presentation of source of food allergen 132.23 (1) The source of a food allergen required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out (a) for a food allergen from a food referred to in one of paragraphs (a), (b) and (e) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name of the food as shown in the applicable paragraph, expressed in the singular or plural; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.23 (b) for a food allergen from the food referred to in paragraph (c) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “sesame”, “sesame seed” or “sesame seeds”; (c) for a food allergen from a food referred to in paragraph (d) or (f) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name of the food as shown in the applicable paragraph; (d) for a food allergen from the food referred to in paragraph (g) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “soy”, “soya”, “soybean” or “soybeans”; (e) for a food allergen from a food referred to in one of paragraphs (h) to (j) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the common name of the food referred to in column II of item 6, 23 or 24 of the table to paragraph B.01.010(3)(a) of the Food and Drug Regulations, whichever is applicable; and (f) for a food allergen from the food referred to in paragraph (k) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “mustard”, “mustard seed” or “mustard seeds”. Presentation of source of gluten (2) The source of gluten required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out (a) for gluten from the grain of a cereal referred to in one of subparagraphs (a)(i) to (v) of the definition gluten in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that grain, by the name of the cereal as shown in the applicable subparagraph; and (b) for gluten from the grain of a hybridized strain created from one or more of the cereals referred to in subparagraphs (a)(i) to (v) of the definition gluten in subsection B.01.010.1(1) of the Food and Drug Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.23-132.25 Regulations or derived from that grain, by the names of the cereals as shown in the applicable subparagraphs. SOR/2019-206, s. 46. Declaration on risk of cross-contamination 132.24 If the label of the container in which edible cannabis is packaged includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten, the declaration must meet the following requirements: (a) it must be shown immediately after the food allergen source, gluten source and added sulphites statement or, if there is none, immediately after the list of ingredients, and must appear on the same continuous surface as the statement, if any, and the list of ingredients; and (b) no intervening printed, written or graphic material is to appear between it and the list of ingredients or statement that immediately precedes it. SOR/2019-206, s. 46. Presentation of food allergen statement 132.25 (1) A food allergen source, gluten source and added sulphites statement must meet the following requirements: (a) the word “Contains” in the English version and the word “Contient” in the French version must appear at the beginning of the list; (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the rest of the statement; (c) it must appear on the same continuous surface as the list of ingredients; and (d) it must include, even if any of the following information is also shown in the list of ingredients, (i) the source of each food allergen that is present in the edible cannabis, (ii) each source of any gluten that is present in the edible cannabis, and (iii) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, if the total amount of sulphites present in the edible cannabis is 10 p.p.m. or more. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.25-132.26 No duplication (2) Despite paragraph (1)(d), the following information is not required to be shown in the statement more than once: (a) the same source of a food allergen; (b) the same source of gluten; and (c) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”. SOR/2019-206, s. 46. Constituents not required to be shown on label 132.26 (1) Constituents of ingredients or of classes of ingredients set out in the table to subsection B.01.009(1) of the Food and Drug Regulations are not required to be shown on the label of a container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged. Preparation or mixture (2) Subject to subsection (3), if a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis, the ingredients and constituents of the preparation or mixture are not required to be shown on the label of the container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged. Common name (3) If a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis and the preparation or mixture has one or more of the ingredients or constituents listed in subsection B.01.009(3) of the Food and Drug Regulations, those ingredients or constituents must be shown by their common names in the list of the ingredients of the edible cannabis to which they are added as if they were ingredients of that edible cannabis. Constituents required to be shown in list of ingredients (4) Despite subsections (1) and (2), if any of the constituents listed in subsection B.01.009(4) of the Food and Drug Regulations is contained in an ingredient of edible cannabis set out in a table referred to in subsection (1) or (2), that constituent must be shown in the list of ingredients. SOR/2019-206, s. 46. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.27 Small immediate container 132.27 (1) In the case of a cannabis product whose immediate container is too small for all the required information to be displayed on its label in accordance with these Regulations, (a) the label may extend beyond the exterior display surface; or (b) either a peel-back or accordion panel may be applied to the container. Label or panel not easily removed (2) The label that extends beyond the exterior display surface and the panel must be applied in a manner that they cannot be easily removed from the immediate container. Panel (3) The panel must (a) be able to be resealed; (b) withstand repeated openings and closings without detaching from the immediate container under customary conditions of use; and (c) include any of the following information that cannot be included on the label because the immediate container of the cannabis product is too small for all the required information to be displayed in accordance with these Regulations: (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs, (ii) the recommended storage conditions, (iii) the packaging date, (iv) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either (A) the expiry date in accordance with subsection 123(2), or (B) a statement that no expiry date has been determined, (v) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Section 132.27 in accordance with subsection 2(4) of the Act, in the immediate container)g of dried cannabis”, (vi) the list of ingredients of the cannabis product, including constituents, if any, (vii) in the case of dried cannabis or fresh cannabis, the net weight, (viii) in the case of a cannabis extract, (A) the net weight, including the net weight of cannabis extract in each unit, if the cannabis extract is in discrete units, (B) the quantity of THC and CBD that is dispensed with each activation of any cannabis accessory that is packaged with or contains the cannabis extract, and (C) the name of any food allergen that is present in the product, (ix) in the case of a cannabis topical, its net weight, including the net weight of cannabis topical in each unit, if the cannabis topical is in discrete units, and (x) in the case of edible cannabis, (A) if the edible cannabis is in solid form, its net weight, and in any other case, its net volume, (B) the durable life date, (C) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination, (D) sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more, and (E) the nutrition facts table. Interpretation — information on panel (4) The information included on the panel must be shown in accordance with the provisions of these Regulations with respect to a label as if the panel were a label for the purposes of those provisions. Brand element (5) The panel must not display any brand element. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.27-132.29 Statement on location of information (6) The label of an immediate container in which a cannabis product is packaged and to which a panel is applied must include a statement that clearly indicates the location of any information required under these Regulations that is not included on the label. Image (7) The label referred to in subsection (6) may include an image that is printed in black and white and that provides instructions on how to open the panel. Information on exterior display surface (8) In addition to the information that is required under these Regulations, the label referred to in subsection (6) may include (a) a bar code, in accordance with section 122; (b) a brand element, in accordance with subsection (9); and (c) an image, in accordance with subsection 130(10). Exception — brand element (9) Despite paragraphs 130(9)(d) and (e), a brand element included on a label that extends beyond the exterior display surface or on a label of a container to which a panel is applied must (a) if the brand element is an image, be 1.27 cm by 1.27 cm in size or smaller; or (b) if the brand element is text only, be in a type size that is 7 points or smaller. SOR/2019-206, s. 46. Prohibited representation — health and cosmetic benefits 132.28 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that health or cosmetic benefits may be derived from the use of the cannabis product. SOR/2019-206, s. 46. Prohibited representation — energy value and amount of nutrient 132.29 (1) It is prohibited to make an express or implied representation, including by way of a brand Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.29-132.31 element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — concerning the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations. Interpretation — nutrition facts table (2) For greater certainty, subsection (1) does not limit the application of paragraphs 132.18(1)(n) and 132.19(1)(i). SOR/2019-206, s. 46. Prohibited representation — dietary requirements 132.3 It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that the cannabis product is intended (a) to meet the particular dietary requirements of an individual (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or (b) to meet the dietary requirements of young persons. SOR/2019-206, s. 46. Prohibited representation — alcoholic beverages 132.31 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with an alcoholic beverage. SOR/2019-206, s. 46. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Products Sections 132.32-133 Prohibited representation — tobacco products and vaping products 132.32 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies. SOR/2019-206, s. 46. Non-application — name and email address 132.33 Section 132.28, subsection 132.29(1) and sections 132.3 to 132.32 do not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a). SOR/2019-206, s. 46. Standardized cannabis symbol on cannabis product intended for inhalation 132.34 (1) The standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the outer surface of a cannabis accessory that contains a cannabis extract and that is a cannabis product intended to be consumed by means of inhalation if the cannabis extract contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC. Requirements (2) The standardized cannabis symbol must meet the following requirements: (a) it must be at least 1.27 cm by 1.27 cm in size; (b) it must be displayed with a white border of at least 2 points on all sides; and (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally. SOR/2019-206, s. 46. Cannabis Product Accuracy Rules Net weight and volume 133 The net weight and volume that must be included on the label of a cannabis product in accordance with sections 124, 124.1, 125, 132.1, 132.11, 132.12, 132.15, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Cannabis Product Accuracy Rules Sections 133-138 132.16, 132.18 and 132.19 must be within the tolerance limits set out for that product in the document entitled Tolerance Limits for the Net Weight and Volume Declared on Cannabis Product Labelling, as amended from time to time and published by the Government of Canada on its website. SOR/2019-206, s. 47. Number of discrete units 134 The number of discrete units in a container that is labelled in accordance with sections 124, 124.1, 132.1, 132.11, 132.15 and 132.18 must be equal to the number specified on the label. SOR/2019-206, s. 47. Number of immediate containers 134.1 The number of immediate containers in an outermost container that is labelled in accordance with paragraph 122.4(2)(a) must be equal to the number of immediate containers specified on the label. SOR/2019-206, s. 47. Number of cannabis plants 135 The number of cannabis plants in a container that is labelled in accordance with section 128 must be equal to the number specified on the label. Number of cannabis plant seeds 136 The number of cannabis plant seeds in a container that is labelled in accordance with section 129 must be equal to the number specified on the label. Labelling — Cannabis Other than Cannabis Products Requirement — cannabis other than a cannabis product 137 A holder of a licence must not sell, distribute or export cannabis, other than a cannabis product, unless the requirements in section 138 have been met. Information 138 (1) A label that includes the following information must be applied to any container that contains cannabis, other than a cannabis product: (a) the name, telephone number and email address of the holder of the licence that sells, distributes or exports the cannabis; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 7 Packaging and Labelling Labelling — Cannabis Other than Cannabis Products Sections 138-139 (b) in respect of the cannabis, (i) the lot number, preceded by one of the following designations: (A) “Lot number”, (B) “Lot no.”, (C) “Lot”, or (D) “(L)”, and (ii) the packaging date. Non-application — name and email address (2) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a). SOR/2019-206, s. 48. PART 8 Drugs Containing Cannabis Definitions Definitions 139 The following definitions apply in this Part. brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial) common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel) distribute does not include administering. (distribuer) establishment licence means a licence issued under section C.01A.008 of the Food and Drug Regulations. (licence d’établissement) hospital means a facility (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals or animals suffering from any form of disease or illness; or (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis Definitions Sections 139-140 licensed dealer means a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, that specializes in the destruction of narcotics, as defined in subsection 2(1) of those Regulations. (distributeur autorisé) practitioner has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (praticien) qualified person in charge means the individual referred to in section 150. (responsable qualifié) Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité) senior person in charge means the individual referred to in section 149. (responsable principal) SOR/2019-206, s. 49. DIVISION 1 Licence Activities Authorized activities 140 (1) Subject to the other provisions of these Regulations, a holder of a cannabis drug licence is authorized to conduct the following activities if they are authorized by the licence: (a) possessing cannabis obtained in accordance with these Regulations; and (b) producing or selling a drug containing cannabis. Ancillary activities — production (2) A holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to distribute and offer to produce the drug. Ancillary activities — sale (3) A holder of a cannabis drug licence that authorizes the sale of a drug is also authorized to distribute the drug. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Activities Sections 140-143 Definition of produce (4) For the purpose of this section, produce does not include obtaining cannabis by cultivating, propagating or harvesting it. 141 [Repealed, SOR/2019-206, s. 50] Use of organic solvent 142 Subject to the other provisions of these Regulations, a holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to alter or offer to alter the chemical or physical properties of the cannabis by the use of an organic solvent. Sale 143 (1) Subject to subsection (2), a holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may sell or distribute the drug only to (a) another holder of a cannabis drug licence; (b) an individual referred to in section 4. (c) a holder of a research licence; (d) a holder of an analytical testing licence; (e) the holder of a licence from which the holder of the cannabis drug licence received the drug, if the drug is sold or distributed for the purpose of its return; (f) a holder of a licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction; (g) a pharmacist; (h) a practitioner; (i) a hospital employee; (j) a person to which an exemption in relation to the drug has been granted under section 140 of the Act; or (k) the Minister. Written order (2) A holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may only sell the drug if (a) they have received a written order that specifies the name and quantity of the drug to be supplied and is signed and dated Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Activities Sections 143-145 (i) in the case of a drug to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the individual in charge of the hospital to sign the order, and (ii) in any other case, by the person to which the drug is to be sold; and (b) they have verified the signature, if it is unknown to them. Exception — pharmacist and practitioner (3) It is prohibited for a holder of a cannabis drug licence to sell or distribute any drug containing cannabis to (a) a pharmacist who is named in a notice issued under subsection 181(2) or (4); or (b) a practitioner who is named in a notice issued under subsection 189(2) or (4). Non-application (4) Subsection (3) does not apply to a holder of a cannabis drug licence to which the Minister has issued a notice of retraction issued under (a) subsection 182(1) in respect of the pharmacist referred to in paragraph (3)(a); or (b) subsection 190(1) in respect of a practitioner referred to in paragraph (3)(b). Presence of qualified person in charge 144 A holder of a cannabis drug licence may conduct an activity in relation to cannabis, other than its destruction or antimicrobial treatment, at the licensed site only if the qualified person in charge or an alternate qualified person in charge is present at the site. Antimicrobial treatment 145 A holder of a cannabis drug licence may conduct antimicrobial treatment of cannabis at a location other than the licensed site if (a) they ensure that the cannabis that is at the location is, at all times, in the presence of an individual referred to in paragraph 146(3)(a); and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Activities Sections 145-146 (b) the cannabis is subsequently returned to the licensed site or distributed in accordance with this Part. Destruction — holder of a cannabis drug licence 146 (1) A holder of a cannabis drug licence is authorized to destroy cannabis only (a) in accordance with a method that (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; (b) in the presence of a witness referred to in paragraph (3)(a) and another witness referred to in subsection (3); and (c) in the case where the cannabis is destroyed at a location other than the licensed site, if the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one witness referred to in paragraph (3)(a). Destruction — licensed dealer (2) The licensed dealer is authorized to destroy cannabis only (a) in accordance with a method that (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location at which it is to be destroyed, and (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; and (b) in the presence of a witness referred to in paragraph (4)(a) and another witness referred to in subsection (4). Witness — holder of a cannabis drug licence (3) The following individuals are qualified to witness the destruction of cannabis by a holder of a cannabis drug licence: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Activities Section 146 (a) the senior person in charge, the qualified person in charge or the alternate qualified person in charge; and (b) an employee of the holder. Witness — licensed dealer (4) The following individuals are qualified to witness the destruction of cannabis by a licensed dealer: (a) the qualified person in charge, as defined in subsection 2(1) of the Narcotic Control Regulations, or an alternate qualified person in charge designated under subsection 9.2(2) of those Regulations; and (b) an employee of the licensed dealer. Statement by witnesses (5) For each instance that they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must obtain a statement signed and dated by two of the witnesses referred to in paragraph (1)(b) or (2)(b) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph (1)(a) or (2)(a). Record (6) With respect to cannabis that they destroy, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must prepare a record that sets out (a) a description of the cannabis, its form and quantity; (b) in the case of a drug containing cannabis, the brand name of the drug and its strength per unit; (c) the address of the location at which the cannabis is destroyed; (d) a brief description of the method and the date of destruction; and (e) the names of the individuals who witnessed the destruction and were qualified to do so under paragraph (1)(b) or (2)(b) and the basis on which they were qualified under subsection (3) or (4). Retention period (7) The holder of a cannabis drug licence and the licensed dealer must retain the record and the statement for at least two years after the day on which the cannabis is destroyed. SOR/2019-169, s. 30. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Licence Issuance Sections 147-149 Licence Issuance Licence — content 147 A cannabis drug licence must set out the following information: (a) the name of the holder of the licence; (b) the licence number; (c) the address of the site where the activity is authorized and, if applicable, of each building within the site; (d) the authorized activity at the site and, if applicable, the authorized activity that may be conducted at each building within the site; (e) the security measures to be implemented to comply with the requirements of either the Security Directive or Part 4; (f) any conditions that the Minister considers appropriate; (g) the effective date of the licence; and (h) the date of expiry of the licence. Amendment 148 A holder of a cannabis drug licence must submit an application to amend the licence if they propose to make any of the following changes: (a) a change to the name of the holder; (b) a change to the authorized activity at the site or the authorized activity at each building within the site; and (c) a change to the security measures implemented to comply with the requirements of either the Security Directive or Part 4. Individuals in Charge Senior person in charge 149 The holder of a cannabis drug licence must retain the services of one individual as a senior person in charge who has overall responsibility for the management of the activities, with respect to cannabis, that are authorized under the licence. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Individuals in Charge Section 150 Qualified person in charge 150 (1) A holder of a cannabis drug licence must retain the services of one individual as a qualified person in charge who is responsible for supervising the activities with respect to cannabis that are authorized under the licence and for ensuring, on behalf of the holder, that those activities comply with these Regulations. Alternate qualified person in charge (2) A holder of a cannabis drug licence may designate an individual as an alternate qualified person in charge who is authorized to replace the qualified person in charge. Qualifications (3) Only an individual who meets the following requirements may be a qualified person in charge or an alternate qualified person in charge: (a) they work at the site specified in the licence; (b) they (i) are entitled to practise a profession that is relevant to their duties, such as that of pharmacist, practitioner, pharmacy technician or laboratory technician, (ii) hold a diploma, certificate or credential that is awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or (B) an equivalency assessment issued by an organization or institution that is responsible for issuing equivalency assessments and is recognized by a province; (c) they have sufficient knowledge of and experience with the use and handling of drugs to properly carry out their duties; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Individuals in Charge Sections 150-151 (d) they are familiar with the provisions of the Act and these Regulations that apply to the holder of the licence. Exception (4) A holder of a cannabis drug licence may retain the services of an individual as a qualified person in charge or designate an alternate qualified person in charge who does not meet any of the requirements of paragraph (3)(b) if (a) no other individual working at the site specified in the licence meets those requirements; (b) those requirements are not necessary for the activities that are authorized under the licence; and (c) the individual possesses knowledge — acquired from a combination of education, training and work experience — that is sufficient to enable them to properly carry out their duties. Ineligibility 151 (1) An individual is not eligible to be a senior person in charge, a qualified person in charge or an alternate qualified person in charge if, in the past 10 years, (a) in respect of a designated offence, a controlled substance offence, or any other offence referred to in subsection (2), the individual (i) was convicted as an adult, or (ii) was a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act; or (b) in respect of an offence committed outside Canada that, if committed in Canada, would have constituted a designated offence, a controlled substance offence or any other offence referred to in subsection (2), (i) the individual was convicted as an adult, or (ii) if they committed the offence when they were at least 14 years old but less than 18 years old, the individual received a sentence that was longer than the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act for such an offence. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Individuals in Charge Sections 151-152 Other offences (2) The other offences for the purpose of subsection (1) are the following: (a) an offence involving the financing of terrorism referred to in any of sections 83.02 to 83.04 of the Criminal Code; (b) an offence involving fraud referred to in any of sections 380 to 382 of the Criminal Code; (c) the offence of laundering proceeds of crime referred to in section 462.31 of the Criminal Code; (d) an offence involving a criminal organization referred to in any of sections 467.11 to 467.13 of the Criminal Code; and (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d). Changes Minister’s approval 152 (1) A holder of a cannabis drug licence must obtain the Minister’s approval before making the following changes: (a) replacing the senior person in charge; (b) replacing the qualified person in charge; or (c) designating or replacing an alternate qualified person in charge. Application — content (2) The holder must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following: (a) a description of the change; (b) in the case of the replacement of the senior person in charge, (i) a declaration signed and dated by the proposed individual attesting that they are not ineligible for a reason specified in section 151, (ii) a document issued by a Canadian police force indicating whether, during the 10 years before the day on which the application is submitted, the individual was convicted as specified in subparagraph Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Changes Section 152 151(1)(a)(i) or received a sentence as specified in subparagraph 151(1)(a)(ii), and (iii) if the individual has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that they were convicted as specified in subparagraph 151(1)(b)(i) or received a sentence as specified in subparagraph 151(1)(b)(ii); and (c) in the case of the designation of an alternate qualified person in charge or in the case of the replacement of the qualified person in charge or an alternate qualified person in charge (i) the declaration and the documents referred to in subparagraphs (b)(i) to (iii), (ii) a declaration, signed and dated by the senior person in charge, attesting that the proposed individual has the knowledge and experience required under paragraphs 150(3)(c) and (d), and (iii) if the proposed individual does not meet the requirement of subparagraph 150(3)(b)(i), either (A) a copy of the individual’s diploma, certificate or credential referred to in subparagraph 150(3)(b)(ii) or (iii) and a copy of the course transcript for it, or (B) a detailed description of the individual’s education, training or work experience required under paragraph 150(4)(c), together with supporting evidence, such as a copy of a course transcript or an attestation by the person who provided the training. Additional information (3) The Minister may, on receiving an application for approval, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. Approval issued (4) The Minister must approve the change on completion of the review of the application if the applicable requirements referred to in subsections 150(3) and (4) and section 151 are met. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Changes Sections 153-154 Notification — various changes 153 (1) A holder of a cannabis drug licence must notify the Minister of any of the following changes within five days after the change occurs: (a) a change to the mailing address, telephone number, email address and facsimile number of the holder; and (b) a change to the plan of the licensed site that does not require different security measures to be implemented in order to comply with Part 4. Notification — content (2) The notification must include (a) a description of the change; and (b) a declaration, signed and dated by the senior person in charge, indicating that all information provided in support of the notification is correct and complete to the best of their knowledge. Cessation of activities 154 (1) A holder of a cannabis drug licence that intends to cease conducting all the activities authorized by the licence — whether before or on the date of expiry of the licence — must provide to the Minister a written notice to that effect at least 30 days before the day on which those activities cease. Content of notice (2) The notice must be signed and dated by the senior person in charge and contain the following information: (a) the date on which activities are expected to cease; (b) a description of the manner in which any cannabis remaining at the site as of the date referred to in paragraph (a) will be disposed of by the holder, including (i) if the cannabis will be sold or distributed, in whole or in part, the name and address of the person to which it will be sold or distributed, and (ii) if it will be destroyed, in whole or in part, the day on which and the location at which the destruction is to take place; (c) the address of the location at which the holder’s records, reports, electronic data and other documents that are required to be retained under the Act by the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Changes Sections 154-156 holder, will be retained after activities have ceased; and (d) the name, address, telephone number and, if applicable, facsimile number and email address of a person from which the Minister may obtain further information after activities have ceased. Update (3) After having ceased the activities, the holder must submit to the Minister an update of the information referred to in paragraphs (2)(a) to (d), if it differs from what was set out in the notice submitted under subsection (1). The update must be signed and dated by the senior person in charge. Refusal, suspension and revocation Other grounds for refusal 155 For the purpose of paragraph 62(7)(h) of the Act, the other grounds for refusing to issue, renew or amend a cannabis drug licence are as follows: (a) the applicant does not hold an establishment licence that is necessary to authorize them to conduct, at the site proposed in the application or at a building within the site, the activities in relation to drugs containing cannabis that they intend to conduct there; (a.1) the Minister of Health suspends, in respect of an activity that the applicant intends to conduct in relation to drugs containing cannabis, an establishment licence that is necessary to authorize the applicant to conduct that activity at the site proposed in the application or at a building within the site; (b) the holder of the cannabis drug licence applies for an amendment to change the location of the site where an activity that is authorized by the licence may be conducted; and (c) in respect of the renewal or amendment of the licence, the holder of the licence does not hold the cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; SOR/2019-206, s. 51. Suspension — other circumstance 156 For the purpose of paragraph 64(1)(b) of the Act, other circumstances for the suspension of a cannabis drug licence are the following: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Refusal, suspension and revocation Sections 156-158 (a) the Minister of Health suspends, in respect of an activity that the holder of the cannabis drug licence is authorized to conduct under the licence, an establishment licence that is necessary to authorize the holder to conduct that activity at the site or at a building within the site; (b) the cannabis licence issued to the holder of the cannabis drug licence under subsection 14(1.1) of the Excise Act, 2001 is suspended under subsection 23(2) of that Act. SOR/2019-206, s. 52. Revocation — other circumstances 157 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of a cannabis drug licence are the following: (a) the licence that has been suspended is not reinstated because the reasons for the suspension still exist or the holder of the licence has not demonstrated to the Minister that the suspension is unfounded; (b) the holder of the licence has requested its revocation in writing; (c) the holder of the licence no longer holds an establishment licence that is necessary to authorize them to conduct, at the site or at a building within the site, an activity that is authorized under the cannabis drug licence; and (d) the holder of the licence no longer holds the cannabis licence referred to in subsection 14(1.1) of the Excise Act, 2001, if it is required. SOR/2019-206, s. 53. Security Security obligations 158 A holder of a cannabis drug licence must (a) take reasonable steps to protect the cannabis they possess against theft or loss; (b) if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted operations, (i) notify a police force within 24 hours after becoming aware of its theft or loss, and (ii) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 1 Licence Security Sections 158-159 (c) take any steps that are necessary to ensure the safekeeping of cannabis when distributing it. DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals General Provisions Possession — Person 159 The following persons, if they have obtained a drug containing cannabis either in accordance with these Regulations, or from a person that is exempt under section 140 of the Act from the application of subsections 9(1) and (2) and 10(1) and (2) of the Act with respect to that drug, are authorized to possess the drug: (a) a pharmacist, a practitioner who is entitled to practise in the province in which they possess the drug or a holder of a cannabis drug licence, if they require the drug for their business or profession; (b) a practitioner who is entitled to practise in a province other than the province in which they possess the drug and their possession is for emergency medical purposes only; (c) a hospital employee or a practitioner in a hospital; (d) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has obtained the drug for their own use or for their animal from a practitioner or in accordance with a prescription that was not issued or obtained in contravention of these Regulations; (e) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has reasonable grounds to believe that the drug was obtained by another individual in accordance with paragraph (d) if the possession is for the purpose of its return or destruction; (f) a licensed dealer, if the possession is for the purpose of its destruction; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals General Provisions Sections 159-165 (g) a person to which an exemption has been granted under section 140 of the Act with respect to the possession of that drug, if the possession is for a purpose set out in the exemption; or (h) the Minister. Possession — quantity allowed 160 Any quantity of drug containing cannabis that an individual is authorized to possess under paragraph 159(d) or (e) is in addition to any other quantity of cannabis that the individual is authorized to possess under the Act. Authorization 161 Subject to the other provisions of these Regulations, an individual referred to in paragraph 159(d) or (e) is authorized to distribute a drug containing cannabis to a pharmacist for its destruction. Promotion — communication of brand name, etc. 162 Subject to the other provisions of these Regulations, a person is authorized to promote a prescription drug by communicating the brand name, the proper name, the common name, the price or the quantity of the drug. Exemption — section 21 of Act 163 A person is exempt from the application of section 21 of the Act if they display, refer to or otherwise use the brand name of a prescription drug, or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility. Exemption — section 22 of Act 164 A person is exempt from the application of section 22 of the Act if they display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity, the brand name of a prescription drug or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug. Exemption — subsection 23(1) of Act 165 A person is exempt from the application of subsection 23(1) of the Act if they publish, broadcast or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals General Provisions Sections 165-171 otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is authorized under sections 162 to 164. Authorization – drug for veterinary use 166 Subject to the other provisions of these Regulations, a person that is authorized to sell a prescription drug for veterinary use may sell it in a package or with a label that sets out a depiction of a real or fictional animal that corresponds to the species of the animal for which the drug is intended. Authorization — drug appealing to young person 167 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons. Authorization — drug not in Schedule 4 168 Subject to the other provisions of these Regulations, a person authorized to sell a drug containing cannabis may sell a drug that is of a class that is not referred to in Schedule 4 to the Act. Authorization — drug containing a substance in Schedule 5 169 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that contains any substance that is referred to in column 1 of Schedule 5 to the Act. Pharmacists Record keeping 170 A pharmacist who receives a prescription drug from a holder of a cannabis drug licence must enter the following in a record retained for such purposes: (a) the name and quantity of the drug received; (b) the date the drug was received; and (c) the name and address of the holder. Sale, distribution and administration 171 Subject to the other provisions of these Regulations, a pharmacist is authorized to sell, distribute or administer a prescription drug to a person: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 171-172 (a) if the person is exempted under section 140 of the Act with respect to the possession of that drug; or (b) if the pharmacist sells, distributes or administers the drug (i) in accordance with a written order or prescription signed and dated by a practitioner, and (ii) after verifying the signature, if it is unknown to the pharmacist. Return and destruction 172 (1) Subject to the other provisions of these Regulations, a pharmacist is authorized to sell or distribute a prescription drug, other than a drug referred to in section 173, in accordance with a written order, to (a) the holder of a cannabis drug licence from which the pharmacist received the drug, if the drug is sold or distributed for the purpose of its return; and (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction. Written order (2) The written order must contain (a) the name, quantity and strength per unit of the drug; and (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be. Record keeping (3) The pharmacist must prepare a record with respect to the drug that sets out (a) its brand name, form, quantity and strength per unit; (b) the address of the person to which it was sold or distributed; and (c) the date on which it was sold or distributed. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 173-174 Drug given by individual 173 (1) A pharmacist is authorized to sell or distribute to a licensed dealer a prescription drug that the pharmacist received from an individual referred to in paragraph 159(d) or (e) for the purpose of its destruction, if the drug is in a container that prevents the removal of the drug from the container and is marked in a manner that is sufficient to identify the container. Record keeping — pharmacist (2) The pharmacist must prepare a record, with respect to the drug, that sets out (a) the number of containers distributed; (b) the date on which each container is distributed; (c) the identifying mark of each container; and (d) the name and address of the licensed dealer to which each container is distributed. Record keeping — licensed dealer (3) The licensed dealer must prepare a record, with respect to the drug, that sets out (a) the number of containers received; (b) the date on which the container is received; (c) the identifying mark of the container; and (d) the name and address of the pharmacist from whom the container is received. Retention period (4) The pharmacist and the licensed dealer must retain the record for at least two years after the day on which the pharmacist distributes the drug or the licensed dealer receives the drug, as the case may be. Prohibited activities 174 (1) Despite section 171, subsection 172(1) and section 175, it is prohibited for a pharmacist to (a) sell or distribute a prescription drug to a pharmacist who is named in a notice issued under subsection 181(2) or (4); (b) sell or distribute a prescription drug to a practitioner who is named in a notice issued under subsection 189(2) or (4); or (c) fill a prescription or order for a prescription drug from such a practitioner. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 174-177 Non-application (2) Subsection (1) does not apply to a pharmacist to whom the Minister has issued a notice of retraction under (a) subsection 182(1), in respect of a pharmacist who is named in a notice issued under subsection 181(2) or (4); or (b) subsection 190(1), in respect of a practitioner who is named in a notice issued under subsection 189(2) or (4). Distribution — hospital 175 (1) Subject to subsection (2), a pharmacist may distribute a prescription drug to a hospital employee or a practitioner in a hospital in accordance with a written order signed and dated by (a) the pharmacist in charge of the hospital’s pharmacy; or (b) a practitioner who is authorized by the individual in charge of the hospital to sign the order. Signature (2) Before distributing the prescription drug, the pharmacist receiving the order must verify the signature on the order, if it is unknown to them. Security obligations 176 A pharmacist must, with respect to a drug containing cannabis on their premises or for which the pharmacist is responsible, (a) take reasonable steps to protect it against theft or loss; and (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss. Record keeping 177 If, in accordance with a written order or prescription, a pharmacist dispenses a prescription drug, the pharmacist must retain a record of the following information: (a) their name or initials; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 177-180 (b) the name, initials and address of the practitioner who issued the order or prescription; (c) the name and address of the person for whom the drug was dispensed; (d) the name, quantity and form of the drug; (e) the date on which the pharmacist dispensed the drug; and (f) the number assigned to the order or prescription. Sale and distribution for emergency purposes 178 (1) A pharmacist may sell or distribute a prescription drug for emergency purposes to another pharmacist in accordance with a written order that is signed and dated by the other pharmacist. Record keeping — selling and distributing (2) A pharmacist must, after selling or distributing a prescription drug under subsection (1) or after receiving such a drug under subsection (1) or subsection 193(3), enter the details of the transaction in a record retained for such purposes. Record keeping — removing, transporting and transferring (3) A pharmacist must, after removing, transporting or transferring a prescription drug from one place of business operated by the pharmacist to another, enter the details of the transaction in a record retained for such purposes. Retention period 179 A pharmacist must retain the records which the pharmacist is required to retain under these Regulations for at least two years after the day on which they are prepared. Factual information 180 The Minister must provide in writing any factual information about a pharmacist with respect to cannabis that has been obtained under the Act or the Controlled Drugs and Substances Act to the provincial professional licensing authority that is responsible for the authorization of individuals to practise their profession (a) in the province in which the pharmacist is or was entitled to practise if (i) the authority submits to the Minister a written request that sets out the pharmacist’s name and address, a description of the information being requested and a statement that the information is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 180-181 required for the purpose of assisting an investigation by the authority, or (ii) the Minister has reasonable grounds to believe that the pharmacist has (A) contravened, in relation to cannabis, a rule of conduct established by the authority, (B) been convicted of a designated offence or a controlled substance offence in relation to cannabis, (C) contravened these Regulations, or (D) has contravened the Narcotic Control Regulations in relation to cannabis; or (b) in a province in which the pharmacist is not entitled to practise, if the authority submits to the Minister (i) a written request that sets out the pharmacist’s name and address and a description of the information requested, and (ii) a document that shows that (A) the pharmacist has applied to that authority to practise in that province, or (B) the authority has reasonable grounds to believe that the pharmacist is practising in that province without being authorized to do so. Notice — prohibition to sell or distribute 181 (1) A pharmacist may make a written request to the Minister to send a notice advising that the following persons must not sell or distribute any prescription drug to the pharmacist: (a) all holders of a cannabis drug licence; and (b) all pharmacies in the province in which the pharmacist who is named in the notice is entitled to practise. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Section 181 Recipients (2) The Minister must, in the circumstances set out in subsection (3), issue the notice referred to in subsection (1) to the following persons and authorities: (a) the pharmacist who is named in the notice; (b) all holders of a cannabis drug licence; (c) all pharmacies in the province in which the pharmacist is entitled to practise; (d) the applicable provincial professional licensing authority for the province in which the pharmacist is entitled to practise; and (e) on request, the applicable provincial professional licensing authority for any province other than the province referred to in paragraph (d). Mandatory notice (3) The notice must be issued if the pharmacist (a) made a request to the Minister in accordance with subsection (1); (b) contravened a rule of conduct, in relation to cannabis, established by the provincial professional licensing authority for the province in which the pharmacist is practising and that provincial professional licensing authority has requested the Minister in writing to issue the notice; (c) has been convicted of any of the following: (i) a designated offence, (ii) a controlled substance offence in relation to cannabis, or (iii) an offence under the Narcotic Control Regulations in relation to cannabis; or (d) the Minister has reasonable grounds to believe that the pharmacist has contravened this Part or Part 9. Optional notice (4) The Minister may issue the notice to the persons and authorities referred to in subsection (2) if the Minister, on reasonable grounds, believes that the pharmacist named in the notice Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 181-182 (a) has contravened section 171, subsection 172(1) or (2) or 173(1), section 174, 175 or 176 or subsection 178(1); (b) has, on more than one occasion, self-administered a prescription drug contrary to accepted pharmaceutical practice; (c) has, on more than one occasion, distributed or administered a prescription drug to their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted pharmaceutical practice; or (d) is unable to account for the quantity of prescription drugs for which the pharmacist was responsible under this Part or Part 9. Prerequisite (5) Before issuing a notice under subsection (4), the Minister must (a) consult with the provincial professional licensing authority for the province in which the pharmacist to whom the notice relates is entitled to practise; (b) send to the pharmacist a written notice that indicates the reasons why a notice is being considered and give them an opportunity to present reasons why the notice should not be issued; and (c) consider (i) any reasons that have been presented by the pharmacist under paragraph (b), (ii) the compliance history of the pharmacist in respect of the Act and its regulations, the Controlled Drugs and Substances Act and the Narcotic Control Regulations with respect to cannabis, and (iii) whether the actions of the pharmacist pose a significant risk to public health or public safety, including the risk of any prescription drug being diverted to an illicit market or activity. Retraction of notice 182 (1) The Minister must retract a notice that was issued under subsection 181(2) or (4) if (a) the pharmacist who is named in the notice has requested in writing that it be retracted; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Pharmacists Sections 182-184 (b) the pharmacist has provided a letter from the applicable provincial professional licensing authority for the province in which the pharmacist is entitled to practise that states that the authority consents to the retraction of the notice; and (c) in the case where the notice was issued at the request of the pharmacist, one year has elapsed since the notice was issued. Obligation to notify (2) If the Minister retracts a notice, he or she must notify, in writing, the persons and authorities to which the notice was issued under subsection 181(2) or (4). Practitioners Sale, distribution and administration 183 Subject to the other provisions of these Regulations, a practitioner is authorized to administer a drug containing cannabis to an individual or animal, or sell or distribute it for an individual or animal if (a) the individual or the animal is under their professional treatment; and (b) the drug is required for the condition for which the individual or animal is receiving treatment. Return and destruction 184 (1) A practitioner is authorized to sell or distribute a drug containing cannabis, in accordance with a written order, to (a) the holder of a cannabis drug licence from which the practitioner received the drug, if the drug is sold or distributed for the purpose of its return; and (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction. Written Order (2) The written order must contain (a) the name, quantity and strength per unit of the drug; and (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Practitioners Sections 184-187 and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be. Record keeping (3) The practitioner must prepare a record with respect to the drug that sets out (a) its brand name, form, quantity and strength per unit; (b) the address of the person to which it was sold or distributed; and (c) the date on which it was sold or distributed. Security obligations 185 A practitioner must, with respect to a drug containing cannabis that they possess, (a) take reasonable steps to protect it against theft or loss; and (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss. Record keeping 186 A practitioner who sells or distributes a prescription drug to an individual for self-administration or for administration to an animal must, whether or not the practitioner charges for the drug, retain a record showing the name and quantity of the drug sold or distributed, the name and address of the individual to whom it was sold or distributed and the date on which it was sold or distributed, if the quantity of the drug exceeds (a) three times the maximum daily dosage set out in the notice of compliance issued under section C.08.004 or C.08.004.01 of the Food and Drug Regulations for the drug; or (b) if the notice of compliance does not set out any maximum daily dosage, three times the generally recognized maximum daily dosage for the drug. Retention period 187 A practitioner must retain the records which the practitioner is required to retain under these Regulations for at least two years after the day on which they are prepared. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Practitioners Section 188 Factual information 188 The Minister must provide in writing any factual information about a practitioner with respect to cannabis that has been obtained under the Act or the Controlled Drugs and Substances Act to the provincial professional licensing authority that is responsible for the authorization of individuals to practise their profession (a) in a province in which the practitioner is, or was, entitled to practise if (i) the authority submits to the Minister a written request that sets out the practitioner’s name and address, a description of the information requested and a statement that the information is required for the purpose of assisting a investigation by the authority, or (ii) the Minister has reasonable grounds to believe that the practitioner has (A) contravened, in relation to cannabis, a rule of conduct established by the authority, (B) been convicted of a designated offence or a controlled substance offence in relation to cannabis, (C) contravened these Regulations, or (D) contravened the Narcotic Control Regulations in relation to cannabis; or (b) in a province in which the practitioner is not entitled to practise, if the authority submits to the Minister (i) a written request that sets out the practitioner’s name and address and a description of the information requested, and (ii) a document that shows that (A) the practitioner has applied to that authority to practise in that province, or (B) the authority has reasonable grounds to believe that the practitioner is practising in that province without being authorized to do so. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Practitioners Section 189 Notice — prohibition 189 (1) A practitioner may make a written request to the Minister to send a notice advising that (a) the following persons must not sell or distribute any prescription drug to the practitioner: (i) all holders of a cannabis drug licence, (ii) all pharmacies in the province in which the practitioner who is named in the notice is entitled to practise, and (iii) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled; and (b) the following individual must not fill a prescription or order written by the practitioner for a prescription drug: (i) all pharmacists in the province in which the practitioner who is named in the notice is entitled to practise, and (ii) all pharmacists in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled. Recipients (2) The Minister must, in the circumstances set out in subsection (3), issue the notice referred to in subsection (1) to the following persons and authorities: (a) the practitioner who is named in the notice; (b) all holders of a cannabis drug licence; (c) all pharmacies in the province in which the practitioner is entitled to practise; (d) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled; (e) the applicable professional licensing authority for the province in which the practitioner is entitled to practise; and (f) on request, the applicable provincial professional licensing authority for any province other than the province referred to in paragraph (e). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Practitioners Section 189 Mandatory notice (3) The notice must be issued if the practitioner (a) made a request to the Minister in accordance with subsection (1) to issue the notice; (b) contravened a rule of conduct, in relation to cannabis, established by the provincial professional licensing authority for the province in which the practitioner is practising and that provincial professional licensing authority has requested the Minister in writing to issue the notice; (c) been convicted of any of the following: (i) a designated offence, (ii) a controlled substance offence in relation to cannabis, (iii) an offence under the Narcotic Control Regulations in relation to cannabis; or (d) the Minister has reasonable grounds to believe that the practitioner has contravened this Part or Part 9. Optional notice (4) The Minister may issue the notice to the persons and authorities referred to in subsection (2) if the Minister, on reasonable grounds, believes that the practitioner named in the notice (a) has contravened section 183, subsection 184(1) or (2) or section 185; (b) has, on more than one occasion, self-administered a prescription drug under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted professional practice; (c) has, on more than one occasion, distributed or administered a prescription drug to their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted professional practice; or (d) is unable to account for the quantity of prescription drugs for which the practitioner was responsible under this Part or Part 9. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Practitioners Sections 189-190 Prerequisite (5) Before issuing a notice under subsection (4), the Minister must (a) consult with the applicable provincial professional licensing authority for the province in which the practitioner to whom the notice relates is entitled to practise; (b) send to the practitioner a written notice that indicates the reasons why a notice is being considered and give them an opportunity to present reasons why the notice should not be issued; and (c) consider (i) any reasons that have been presented by the practitioner under paragraph (b), (ii) the compliance history of the practitioner in respect of the Act and its regulations, the Controlled Drugs and Substances Act and the Narcotic Control Regulations with respect to cannabis, and (iii) whether the actions of the practitioner pose a significant risk to public health or public safety, including the risk of any prescription drug being diverted to an illicit market or activity. Retraction of notice 190 (1) The Minister must retract a notice that was issued under subsection 189(2) or (4) if (a) the practitioner who is named in the notice has requested in writing that it be retracted; (b) the practitioner has provided a letter from the applicable provincial professional licensing authority for the province in which the practitioner is entitled to practise that states that the authority consents to the retraction of the notice; and (c) in the case where the notice was issued at the request of the practitioner, one year has elapsed since the notice was issued. Obligation to notify (2) If the Minister retracts a notice, the Minister must notify, in writing, the persons and authorities to which the notice was issued under subsection 189(2) or (4). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Hospitals Sections 191-193 Hospitals Record keeping 191 An individual who is in charge of a hospital must retain a record of the following information: (a) with respect to any prescription drug received by the hospital, (i) the name and quantity of the drug, (ii) the name and address of the person from whom the drug was received, and (iii) the date the drug was received; and (b) with respect to a prescription drug that is dispensed by the hospital, (i) the name of the patient for whom or animal for which the drug was dispensed, (ii) the name of the practitioner who ordered or prescribed the drug, and (iii) the date on which the drug was ordered or prescribed and the form and quantity of the drug. Security obligations 192 An individual in charge of a hospital must, with respect to a drug containing cannabis for which the hospital is responsible, (a) take reasonable steps to protect it against theft or loss; and (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss. Sale, distribution and administration 193 (1) Subject to the other provisions of these Regulations, it is prohibited for a person to sell, distribute or administer a prescription drug that a hospital possesses without the authorization of the individual in charge of the hospital. In–patients and out-patients (2) The individual in charge of a hospital may authorize the sale, distribution or administration of a prescription drug only in accordance with a prescription or a written order, signed and dated by a practitioner and only Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Hospitals Sections 193-194 (a) in the case of administration, to an individual or an animal under treatment as an in-patient or outpatient of the hospital; or (b) in the case of sale or distribution, for the individual referred to in paragraph (a) or to the person in charge of the animal referred to in paragraph (a). Distribution or sale in an emergency (3) Despite subsection (2), for emergency purposes, the individual in charge of a hospital may authorize the sale or distribution of a prescription drug without a prescription to (a) an employee of or a practitioner in another hospital, if (i) the drug is sold or distributed in accordance with a written order signed and dated by a pharmacist in charge of the pharmacy in the other hospital or by a practitioner who is authorized by the individual in charge of the other hospital to sign the order, and (ii) if the signature of the pharmacist or the practitioner is known to the person who sells or distributes the drug or has been verified by that person; (b) a pharmacist of another hospital, if (i) the drug is sold or distributed in accordance with a written order signed and dated by the pharmacist, and (ii) the signature of the pharmacist or the practitioner who is authorized by the individual in charge of the other hospital to sign the order is known to the person who sells or distributes the drug or has been verified by that person; and (c) an individual who is exempted under section 140 of the Act with respect to the drug and who is employed in a research laboratory in the hospital for the purpose of research. Return and destruction 194 (1) Despite subsection 193(2), the individual in charge of a hospital may authorize the sale or distribution of a prescription drug in accordance with a written order to (a) the holder of a cannabis drug licence from which the drug was received, if the drug is sold or distributed for the purpose of its return; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 8 Drugs Containing Cannabis DIVISION 2 Possession, Pharmacists, Practitioners and Hospitals Hospitals Sections 194-196 (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction. Written Order (2) The written order must contain (a) the name, the quantity and the strength per unit of the drug; and (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be. Record keeping (3) The individual in charge of the hospital must prepare a record, with respect to the drug for the purpose of its return or destruction, that sets out (a) its brand name, form, quantity and strength per unit; (b) the name and the address of the person to whom it was sold or distributed; and (c) the date on which it was sold or distributed. Retention period 195 An individual in charge of a hospital must retain the records that the individual is required to retain under these Regulations for at least two years after the day on which they are prepared. PART 9 Combination Products and Devices Definitions 196 The following definitions apply in this Part. brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial) combination product [Repealed, SOR/2019-206, s. 54] Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 9 Combination Products and Devices Sections 196-202 common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel) SOR/2019-206, s. 54. Authorization 197 Subject to the other provisions of these Regulations, a person may promote a combination product by communicating the brand name, proper name, common name, price or quantity of the product. Exemption — section 21 of Act 198 A person is exempt from the application of section 21 of the Act if they display, refer to or otherwise use the brand name of a combination product, or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for the product, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility. Exemption — section 22 of Act 199 A person is exempt from the application of section 22 of the Act if they display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity, the brand name of a combination product or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for the product. Exemption — subsection 23(1) of Act 200 A person is exempt from the application of subsection 23(1) of the Act if they publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is authorized under sections 197 to 199. Authorization — combination product for veterinary use 201 Subject to the other provisions of these Regulations, a person that is authorized to sell a combination product for veterinary use may sell it in a package or with a label that sets out a depiction of a real or fictional animal that corresponds to the species of the animal for which the product is intended. Authorization — combination product 202 (1) Subject to the other provisions of these Regulations, a person is authorized to sell a combination product to a young person. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 9 Combination Products and Devices Sections 202-205 Authorization — device (2) Subject to the other provisions of these Regulations, a person is authorized to sell a device licensed for use with a prescription drug to a young person if the person (a) has ascertained that there is a written prescription for the young person with respect to the drug; and (b) is entitled under the laws of a province to dispense a prescription drug. PART 10 Importation and Exportation for Medical or Scientific Purposes Definitions Definitions 203 The following definitions apply in this Part. customs office has the same meaning as in subsection 2(1) of the Customs Act. (bureau de douane) customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes) Importation Import permit 204 (1) A holder of a licence is authorized to import cannabis for medical or scientific purposes if they also hold an import permit for each shipment of cannabis that is imported. Ancillary activities (2) A holder of an import permit is also authorized to possess, transfer, transport, send or deliver the shipment of cannabis to the extent necessary to import the cannabis. Import permit — content 205 The import permit must set out the following information: (a) the name and mailing address of the holder; (b) the permit number and the licence number; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Importation Sections 205-207 (c) in respect of the shipment of cannabis to be imported, (i) a description of the cannabis, (ii) the intended use of the cannabis, (iii) if applicable, the brand name of the cannabis, (iv) quantity of the cannabis, and (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds; (d) the name and address of the exporter in the country of export; (e) the port of entry into Canada; (f) the address of the customs office to which the shipment is to be delivered; (g) each mode of transportation used, the country of export and, if applicable, any country of transit or transhipment; (h) any conditions that the Minister considers appropriate; (i) the effective date of the permit; and (j) the date of expiry of the permit. SOR/2019-206, s. 55(E). Refusal to issue — other grounds 206 For the purpose of paragraph 62(7)(h) of the Act, other grounds for refusing to issue an import permit are the following: (a) the applicant does not hold a licence; and (b) the Minister has reasonable grounds to believe that (i) the shipment to which the permit application pertains would contravene these Regulations or the laws of the country of export or any country of transit or transhipment, or (ii) the importation of the cannabis is for the purpose of exporting it. Period of validity 207 An import permit is valid until the earliest of the following dates: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Importation Sections 207-211 (a) the date on which the shipment is imported, (b) the date of expiry of the permit or the date of its revocation, (c) the date of expiry of the licence referred to in paragraph 205(b) or the date of its revocation, or (d) the date of revocation of the permit for exportation issued by the competent authority of the country of export that pertains to the shipment. Provision of copy of import permit 208 A holder of an import permit must provide a copy of the import permit to the customs office at the time of importation. Information 209 The holder of an import permit must, within 15 days after the date of release of a shipment of cannabis in Canada, provide the Minister with the following information: (a) their name, the number of the licence referred to in paragraph 205(b) and the import permit number issued in respect of the shipment; (b) the date of release of the shipment; and (c) in respect of the shipment of cannabis that is imported, (i) a description of the cannabis, (ii) the intended use of the cannabis, (iii) if applicable, the brand name of the cannabis, (iv) the quantity of the cannabis, and (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds. SOR/2019-206, s. 56(E). Transportation of imported cannabis 210 The holder of an import permit must ensure that, after the imported cannabis is released, it is transported directly to the site set out in the licence referred to in paragraph 205(b). Revocation — other circumstances 211 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of an import permit are the following: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Importation Sections 211-214 (a) the permit holder has requested, in writing, the revocation; (b) the licence referred to in paragraph 205(b) has been revoked; (c) the importation of the cannabis is for the purpose of exporting it; and (d) a permit that has been suspended is not reinstated because the reasons for the suspension still exist or the permit holder has not demonstrated to the Minister that the suspension is unfounded. Disclosure of information 212 The Minister may, for the purpose of verifying whether an importation of cannabis complies with these Regulations, provide to a customs officer any information provided in the import permit application or referred to in sections 205 and 209 and inform that customs officer whether the import permit has been suspended or revoked. Exportation Export permit 213 (1) A holder of a licence is authorized to export cannabis for medical or scientific purposes if they also hold an export permit for each shipment of cannabis that is exported. Ancillary activities (2) A holder of an export permit is also authorized to possess, transfer, transport, send, deliver or sell the shipment of cannabis to the extent necessary to export the cannabis. Export permit — content 214 The export permit must set out the following information: (a) the name and mailing address of the holder; (b) the permit number and the licence number; (c) in respect of the shipment of cannabis to be exported, (i) a description of the cannabis, (ii) the intended use of the cannabis, (iii) if applicable, the brand name of the cannabis, (iv) the quantity of the cannabis, and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Exportation Sections 214-216 (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds; (d) the name and address of the importer in the country of import; (e) the port of exit from Canada, the country of import and, if applicable, any country of transit or transhipment; (f) the address of the customs office, sufferance warehouse or bonded warehouse to which the shipment is to be delivered, if applicable; (g) each mode of transportation used; (h) any conditions that the Minister considers appropriate; (i) the effective date of the permit; and (j) the date of expiry of the permit. SOR/2019-206, s. 57(E). Refusal to issue — other grounds 215 For the purpose of paragraph 62(7)(h) of the Act, other grounds for refusing to issue an export permit are the following: (a) the applicant does not hold a licence; and (b) the Minister has reasonable grounds to believe that the shipment to which the permit application pertains (i) would contravene these Regulations or the laws of the country of import or any country of transit or transhipment, or (ii) would not comply with the permit for importation issued by a competent authority of the country of import. Period of validity 216 An export permit is valid until the earliest of the following dates: (a) the date on which the shipment is exported, (b) the date of expiry of the permit or the date of its revocation, (c) the date of expiry of the licence referred to in paragraph 214(b) or the date of its revocation, or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Exportation Sections 216-219 (d) the date of expiry of the permit for importation issued by the competent authority of the country of import that pertains to the shipment or the date of its revocation. Provision of copy of export permit 217 A holder of an export permit must provide a copy of the export permit to the customs office at the time of exportation. Information 218 The holder of an export permit must, within 15 days after the date of exportation of a shipment of cannabis, provide the Minister with the following information: (a) their name and the number of the licence referred to in paragraph 214(b) and the export permit number issued in respect of the shipment; (b) the date of exportation of the shipment; and (c) in respect of the shipment of cannabis that is exported, (i) a description of the cannabis, (ii) intended use of the cannabis, (iii) if applicable, the brand name of the cannabis, (iv) the quantity of the cannabis, and (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds. SOR/2019-206, s. 58(E). Revocation — other circumstances 219 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of an export permit are the following: (a) the permit holder has requested, in writing, the revocation; (b) the licence referred to in paragraph 214(b) has been revoked; and (c) a permit that has been suspended is not reinstated because the reasons for the suspension still exist or the permit holder has not demonstrated to the Minister that the suspension is unfounded. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 10 Importation and Exportation for Medical or Scientific Purposes Exportation Sections 220-222 Disclosure of information 220 The Minister may, for the purpose of verifying whether an exportation of cannabis complies with these Regulations, provide to a customs officer any information provided in the export permit application or referred to in sections 214 and 218 and inform that customs officer whether the export permit has been suspended or revoked. PART 11 Retention of Documents and Information General Provisions Manner of retention 221 A person that is required to retain a document or information — or that must ensure that a document or information is retained — under these Regulations must ensure that (a) the document or information is retained in a manner that will enable an audit of it to be made in a timely manner; (b) if the person holds a licence, the document or information is available at the site specified in the licence; and (c) if the person does not hold a licence, the document or information is available at their place of business in Canada or, if they do not have such a place of business, at a place of business in Canada. Requirement to continue to retain 222 If a person ceases to hold a licence, they must, in respect of any document or information that they were required to retain under these Regulations and for which the retention period has not yet ended, (a) ensure that the document or information continues to be retained until the end of the retention period; and (b) provide the Minister with notice in writing of the address of the location at which the document or information is retained and of any subsequent change to the address. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Notices Sections 223-224 Notices Retention of notices 223 A holder of a licence, if they send or provide a notice under these Regulations and are not otherwise required to retain a copy, must retain a copy for at least two years after the day on which the notice is sent or provided. Inventory and Distribution Inventory 224 (1) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — that they produce, a document that contains the following information, as applicable: (a) the date on which cannabis plants are propagated by means other than sowing seeds and the number of new plants propagated in this manner; (b) the date on which cannabis plant seeds are sown and their net weight on that date; (c) the date on which cannabis is harvested and its net weight on that date; (d) the date on which drying processes are completed for the cannabis and its net weight on that date; (e) the date on which dried or fresh cannabis is put into a discrete unit form, the net weight of cannabis in each unit and the number of units; (f) the date on which cannabis that is not of a class of cannabis set out in Schedule 4 to the Act is produced and its net weight or volume on that date; and (g) except in the case of cannabis plants or cannabis plant seeds, any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis. Packaging (2) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — that they package, a document that contains the following information: (a) a description of the cannabis, including, if applicable, the brand name; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Sections 224-225 (b) the date on which the cannabis is packaged and its net weight on that date; and (c) in the case of a drug containing cannabis, the strength per unit of the drug. Retention period (3) The documents must be retained for at least two years after the day on which they are prepared. SOR/2019-206, s. 59. Inventory — cannabis extract, etc. 225 (1) A holder of a licence must retain, for each lot or batch of cannabis extract, cannabis topical or edible cannabis that they produce, a document that contains the following information: (a) the date of production and the net weight or volume of the cannabis extract, cannabis topical or edible cannabis on that date; (b) if applicable, the date on which the cannabis extract, cannabis topical or edible cannabis is put into a discrete unit form, the net weight or volume of each unit and the number of units; (c) in respect of the cannabis that is used to produce the cannabis extract, cannabis topical or edible cannabis, (i) its description, (ii) its net weight or volume, (iii) its lot or batch number, and (iv) the date on which it was produced; (d) if the cannabis extract, cannabis topical or edible cannabis is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product, (i) the list of ingredients that is required to appear on the label of the cannabis product, and (ii) the net weight, net volume or concentration by weight or volume of each of those ingredients; (e) if the cannabis extract is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product, (i) an indication of whether each ingredient that is required to appear on the label of the cannabis product is a carrier substance, flavouring agent or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Section 225 substance that is necessary to maintain the quality or stability of the cannabis product, (ii) any additional information in the possession of the holder that relates to the purpose of each ingredient, and (iii) a description of the flavour, if any, of the cannabis product; and (f) any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis extract, cannabis topical or edible cannabis. Exception to subparagraph (1)(d)(ii) (1.1) The document is not required to contain the information referred to in subparagraph (1)(d)(ii) in respect of an ingredient if (a) the ingredient is part of a mixture of substances that was used in the production of cannabis referred to in paragraph (1)(d); (b) the holder obtained the mixture from another person; (c) the information has not been disclosed to the holder; (d) the holder has made the necessary arrangements to ensure that the information will be provided to the Minister if, within the retention period referred to in subsection (3), the Minister requires the holder to provide it; and (e) the document contains the net weight or volume of the mixture at the time it was used to produce the cannabis. Exception to subparagraph (1)(e)(i) (1.2) The document is not required to contain the information referred to in subparagraph (1)(e)(i) in respect of an ingredient if (a) the requirements in paragraphs (1.1)(a) to (d) are met; and (b) the holder includes in the document an indication of whether the mixture referred to in paragraph (1.1)(a) contains carrier substances, flavouring agents, substances that are necessary to maintain the quality or stability of the cannabis product, or a combination of any of these. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Sections 225-226 Packaging (2) A holder of a licence must retain, for each lot or batch of cannabis extract, cannabis topical or edible cannabis that they package, a document that contains the following information: (a) a description of the cannabis extract, cannabis topical or edible cannabis, including the brand name, if applicable; (b) the date on which the cannabis extract, cannabis topical or edible cannabis is packaged and its net weight or volume on that date; and (c) in the case of a drug containing cannabis, the strength per unit of the drug. Retention period (3) The documents must be retained for at least two years after the day on which they are prepared. SOR/2019-206, s. 60. Cannabis obtained from another person 226 (1) A holder of a licence must, if they obtain cannabis from another person, retain a document that contains the following information: (a) the name of the person from which the cannabis is obtained; (b) the address of the location at which the cannabis is obtained and, if that location is different from the site or sites at which the cannabis was produced, the address of the site or sites, if known; (c) the date on which the cannabis is obtained; (d) the quantity of cannabis that is obtained; (e) a description of the cannabis, including, if applicable, the brand name; (f) the lot or batch number of the cannabis; (g) in the case of a drug containing cannabis, the form of the drug and its strength per unit; and (h) in the case of cannabis plants, cannabis plant seeds or cannabis that is not of a class of cannabis set out in Schedule 4 to the Act, the intended use. Retention period (2) The document must be retained for at least two years after the day on which it is prepared. SOR/2019-206, s. 61. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Sections 226.1-227 Things to be used as ingredients 226.1 (1) A holder of a licence for processing must, if they obtain or produce anything that will be used as an ingredient to produce a cannabis extract, a cannabis topical or edible cannabis, retain a document that contains the following information: (a) the name and business address of the person, if any, that supplies the thing; (b) the date on which the holder takes possession of the thing or, if the thing is produced by the holder, the date on which production is completed; (c) a description of the thing, including the name by which it is generally known and, if applicable, (i) its chemical name, (ii) its common name, if that name is not the name by which it is generally known, (iii) its INCI name, and (iv) its CAS registry number; and (d) any lot code or other unique identifier that enables the thing to be traced. Retention period (2) The document must be retained for at least two years after the day on which it is prepared. Definitions (3) The following definitions apply in paragraph (1)(c). CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS) common name has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel) INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI) SOR/2019-206, s. 62. Sale, distribution and export of cannabis 227 (1) A holder of a licence, if they sell, distribute or export cannabis, must retain a document that contains the following information: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Sections 227-228 (a) the name of the person to which it is sold, distributed or exported; (b) the address of the location from which it is sold, distributed or exported and the place to which it is sent or delivered; (c) the date on which it is sold, distributed or exported; (d) the quantity that is sold, distributed or exported; (e) a description of the cannabis, including, if applicable, the brand name; (f) its lot or batch number; (f.1) in the case of a cannabis extract, a cannabis topical or edible cannabis that is a cannabis product or that is contained in a cannabis accessory that is a cannabis product, the list of ingredients that appears on the label of the cannabis product; (g) in the case of a drug containing cannabis, the form of the drug and its strength per unit; (h) in the case of cannabis plants, cannabis plant seeds or cannabis that is not of a class of cannabis set out in Schedule 4 to the Act, the intended use, if known; and (i) in the case of a cannabis accessory that is a cannabis product, a description of the cannabis accessory. Exceptions (2) The obligation set out in subsection (1) does not apply if the cannabis is sold or distributed to (a) an individual who has placed a purchase order for it under subsection 289(1); or (b) an individual, other than an individual referred to in paragraph (a), who does not hold a licence and who is obtaining the cannabis for their personal use. Retention period (3) The document must be retained for at least two years after the day on which it is prepared. SOR/2019-206, s. 63. Antimicrobial treatment 228 (1) A holder of a licence, if they conduct antimicrobial treatment of cannabis at a location other than the site specified in the licence, must retain a document that contains the following information: Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Inventory and Distribution Sections 228-229 (a) a description of the cannabis, including, if applicable, the brand name; (b) the date on which the cannabis leaves the site specified in the licence and the quantity that leaves the site; (c) the name of the person that receives the cannabis at the location where the treatment is to be conducted; (d) the address of the location referred to in paragraph (c); (e) the name of the person from which the cannabis is received after the treatment; (f) the address of the site to which the cannabis is returned, or of the location to which it is distributed, after the treatment; and (g) the date on which the cannabis is received at the site or location referred to in paragraph (f) and the quantity that is received. Retention period (2) The document must be retained for at least two years after the day on which it is prepared. Destruction Destruction of cannabis 229 (1) A holder of a licence other than a cannabis drug licence, if they destroy cannabis or cause it to be destroyed, must retain a document that contains the following information: (a) a description of the cannabis, including, if applicable, the brand name; (b) the date on which the cannabis is destroyed and its pre-destruction net weight or volume on that date; (c) the address of the location at which the cannabis is destroyed; (d) a brief description of the method of destruction; and (e) the names of the individuals who witness the destruction and are qualified to do so under paragraph 43(1)(b), together with the basis on which they are qualified under subsection 43(2). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Destruction Sections 229-231 Statement by witnesses (2) The holder must obtain, for each instance in which cannabis is destroyed, a statement signed and dated by two of the witnesses referred to in paragraph (1)(e) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph 43(1)(a). Retention period (3) The document referred to in subsection (1) and the statement referred to in subsection (2) must be retained for at least two years after the day on which the cannabis is destroyed. SOR/2019-206, s. 64. Security Organizational security plan 230 A holder of a licence must retain a copy of any organizational security plan that they submit to the Minister — including any updated plan referred to in section 45 — for at least two years after the day on which the plan is replaced by an updated plan or, if the plan has not been replaced, at least two years after the day on which the licence expires or is revoked. Production Good production practices 231 (1) A holder of a licence other than a cannabis drug licence must (a) for each lot or batch of cannabis any portion of which has been sold or exported, retain a document demonstrating that the cannabis and anything that was used as an ingredient was produced, packaged, labelled, distributed, stored, sampled and tested in accordance with the applicable provisions of Parts 5 and 6; (b) if applicable, maintain a list of the brand names of cannabis — of any class of cannabis set out in Schedule 4 to the Act — that the holder has produced, packaged, labelled, distributed, stored, sampled or tested; (c) in respect of each instance in which a substance — including a pest control product and a fertilizer but excluding water — is applied directly or indirectly to cannabis, retain a document that contains the following information: (i) the name of the substance and the quantity used, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Production Section 231 (ii) the method and date of application, and (iii) the rationale for the use of the substance; (d) in respect of the testing conducted under Part 5 or to meet the requirements set out in Part 6, (i) maintain a document that describes the validated methods used, and (ii) for each lot or batch of cannabis that is tested, retain a document that contains the test results; (e) in the case of a licence for processing, retain (i) a document that describes the qualifications of the quality assurance person — and of any alternate quality assurance person — in respect of the matters referred to in subsection 19(1), and (ii) a document that describes every investigation conducted under paragraph 19(2)(b) or (c) and any measures taken under that paragraph; and (f) in the case of a licence for analytical testing, retain a document that describes the qualifications of the head of laboratory in respect of the matters referred to in subsection 23(2). Retention periods (2) The following documents must be retained for the following periods: (a) a document referred to in paragraph (1)(a), for at least two years after the day on which the last sale or export of any portion of the lot or batch takes place; (b) a document referred to in paragraph (1)(c), for at least two years after the day on which it is prepared; (c) a document referred to in subparagraph (1)(d)(ii), for at least two years after the day on which the last sale or export of any portion of the lot or batch takes place; (d) a document referred to in subparagraph (1)(e)(i) or paragraph (f), for the period during which the quality assurance person, the alternate quality assurance person or the head of laboratory acts in that capacity and at least two years after the day on which they cease to do so; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Production Sections 231-233 (e) a document referred to in subparagraph (1)(e)(ii), for at least two years after the day on which it is prepared. Retention periods — previous versions (3) The holder must retain (a) each version of the list referred to in paragraph (1)(b), for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, at least two years after the day on which the licence expires or is revoked; and (b) each version of the document referred to in subparagraph (1)(d)(i), for at least two years after the day on which the validated methods are replaced or, if the methods have not been replaced, two years after the day on which the licence expires or is revoked. SOR/2019-206, s. 65. Standard operating procedures and sanitation program 232 (1) A holder of a licence other than a cannabis drug licence must maintain documentation describing (a) the standard operating procedures referred to in section 80 that are in use at the site set out in the licence; and (b) the sanitation program referred to in section 87 that is in use at the site set out in the licence. Retention period (2) The holder must retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, at least two years after the day on which the licence expires or is revoked. Packaging and Labelling Packages and labels 233 A holder of a licence other than a cannabis drug licence must retain the following samples and copies for at least two years after the day on which they are made: (a) a sample or copy of each distinct package for a cannabis product that the holder makes available for sale; and (b) a copy of each distinct label that relates to a cannabis product that the holder makes available for sale. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Cannabis Accessories Sections 234-236 Cannabis Accessories Cannabis accessories 234 A holder of a licence must maintain a list of the names and types of the cannabis accessories that they sell and must retain each version of the list for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, at least two years after the day on which the licence expires or is revoked. System of Control for Recalls System of control 235 (1) A holder of a licence, other than a licence for analytical testing or a cannabis drug licence must retain, for each lot or batch of cannabis that they sell or distribute, a document that contains the information that is necessary for the system of control referred to in subsection 46(1). Retention period (2) The document must be retained for at least two years after the day on which the last sale or distribution of any portion of the lot or batch takes place, other than for destruction. Documentation (3) The holder must maintain documentation concerning the system of control and retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, at least two years after the day on which the licence expires or is revoked. SOR/2019-206, s. 66. Promotion Promotion 236 A holder of a licence must retain (a) a document that contains the information referred to in subparagraphs 245(1)(a)(i) and (ii) and (2)(a)(i) and (ii) for at least two years after the date by which the information must be provided to the Minister; (b) if applicable, a document that contains any information that is provided to the Minister under subsection 43(4) of the Act for at least two years after the day on which the information is provided; and (c) a sample or copy of any promotional materials for at least two years after the last day on which the promotion in question takes place. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Promotion Sections 236-237 Research and Development Research and development 237 (1) A holder of a licence, if they undertake research and development activities, must retain a document that contains the following information: (a) in respect of any cannabis that is used in the activities, (i) its description, including, if applicable, its brand name, (ii) the quantity used and, if applicable, the lot or batch number, (iii) the date on which it is used, and (iv) the purpose and a brief description of the activity; (b) in respect of any cannabis that is produced in the course of the activities, (i) its description, (ii) the quantity produced, (iii) the date on which it is produced, (iv) if applicable, the date on which it is used for testing and the quantity used, and (v) if applicable, the date on which it is placed in inventory intended for sale and the quantity placed in inventory; and (c) any other information that can be used to reconcile the quantities of cannabis referred to in paragraphs (a) and (b). Retention period (2) The document must be retained for at least two years after the day on which it is prepared. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Limit for Micro-processing Licence Sections 238-241 Limit for Micro-processing Licence Limit — micro-processing licence 238 A holder of a licence for micro-processing must maintain documentation that demonstrates that they comply with the limit set out in subsection 21(1) and retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, for at least two years after the day on which the licence expires or is revoked. Import and Export Import of cannabis 239 A holder or former holder of an import permit must retain a document that contains the information that they provided to the Minister under section 209 — together with a copy of the relevant export permit that was issued by a competent authority in the country of export — for at least two years after the day on which the information is provided. Export of cannabis 240 A holder or former holder of an export permit must retain a document that contains the information that they provided to the Minister under section 218 — together with a copy of the relevant import permit issued by a competent authority in the country of final destination — for at least two years after the day on which the information is provided. Key Investors Record of key investors 241 (1) A holder of a licence for cultivation, processing or sale must maintain a record that contains the following information in respect of each key investor: (a) the key investor’s name and mailing address; (b) a detailed description of the means by which the key investor exercises, or is in a position to exercise, control over the holder; (c) details regarding the transaction by virtue of which the key investor became such an investor, including (i) if they provided money directly or indirectly to the holder, the amount provided, the date on which Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Key Investors Section 241 it was provided and the terms and conditions under which it was provided, and if the money was provided in the form of a loan, the interest rate and term, and (ii) if they provided goods or services directly or indirectly to the holder, a description of the goods or services, their fair market value at the time they were provided, the date on which they were provided and the terms and conditions under which they were provided; (d) details regarding each instance in which the key investor provides money, goods or services directly or indirectly to the holder, including (i) in the case of money, the amount provided, the date on which it is provided and the terms and conditions under which it is provided, and if the money is provided in the form of a loan, the interest rate and term, and (ii) in the case of goods or services, a description of the goods or services, their fair market value at the time at which they are provided, the date on which they are provided and the terms and conditions under which they are provided; (e) details regarding any benefit that the key investor receives from the holder as a result of (i) having provided money, goods or services to the holder, or (ii) holding an ownership interest or other right or interest in, or in respect of, a business operated by the holder or, if the holder is an organization, in or in respect of the organization; (f) details regarding each instance in which money is repaid or goods are returned to the key investor, including (i) in the case of money, the amount repaid and the date on which it is repaid, and (ii) in the case of goods, a description of the goods, their fair market value at the time they are returned and the date on which they are returned; (g) if known, an indication of whether any ownership interest or other right or interest held by the key investor in, or in respect of, a business operated by the holder — or, if the holder is an organization, in or in respect of the organization — has been assigned, pledged, mortgaged, hypothecated or sold, in whole or in part, to any person; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Key Investors Section 241 (h) if known, an indication of whether an agreement has been entered into under which any right or interest referred to paragraph (g) will or could be assigned, pledged, mortgaged, hypothecated or sold, in whole or in part, to any person; and (i) if known, the name and mailing address of any person referred to in paragraph (g) or (h). Exception — published market (2) Subsection (1) does not apply to a holder that is an organization if their equity securities are, or a class of those securities is, listed on a published market. Exception — key investors before issuance (3) The holder is not required to include the information referred to in paragraph (1)(c) in respect of a key investor that became such an investor before the day on which the licence was issued. Exception — continued licences (4) If the licence has been continued in force by virtue of subsection 158(1) of the Act, the holder is not required to include the information referred to in paragraph (1)(c) in respect of a key investor that became such an investor before the day on which these Regulations come into force. Requirements regarding content (5) The holder must not delete any information from the record and must indicate the effective date of the event in respect of which new information is added to the record. Former key investors (6) For greater certainty, the information that has been included in the record in respect of a key investor must continue to be retained in the record even if the person ceases to be such an investor. Annual reporting (7) The holder must, no later than January 31 in any given year, provide the Minister with (a) a copy of the record; and (b) if any person ceased to be a key investor during the previous calendar year, a document containing details regarding how and when they ceased to be such an investor. Maintenance and retention of record (8) The holder must ensure that the record is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 11 Retention of Documents and Information Key Investors Sections 241-243 (a) maintained in a manner that will enable an audit of it to be made in a timely manner; (b) available at the site specified in the licence; and (c) retained for at least two years after the day on which the holder ceases to be required to maintain it. Definitions (9) The following definitions apply in this section. key investor means, in respect of the holder of a licence, a person that exercises, or is in a position to exercise, direct or indirect control over the holder by virtue of (a) having provided money, goods or services directly or indirectly to the holder; or (b) holding an ownership interest or other right or interest in, or in respect of, a business operated by the holder or, if the holder is an organization, in or in respect of the organization. (investisseur-clé) published market means a market inside or outside Canada on which equity securities are traded, if the prices at which the securities are traded are regularly published either electronically or in a newspaper or financial or business publication of general circulation. (marché publié) PART 12 Reporting and Disclosure Documents and Information Provided to Minister Form and manner 242 Except as otherwise provided in these Regulations, documents that are required to be provided to the Minister under this Part, Part 8, subsection 241(7) or section 297 must be provided in the form and manner specified in the document entitled Form and Manner Requirements – Documents Provided to the Minister for the Purposes of the Cannabis Act, as amended from time to time and published by the Government of Canada on its website. SOR/2019-206, s. 67. Request by Minister 243 (1) A person that is required to ensure the retention of documents or information under these Regulations Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Sections 243-244 and that is not authorized under the Act to conduct activities in relation to cannabis may be required by the Minister to provide the documents or information to the Minister if the Minister has reasonable grounds to believe that the documents are, or the information is, necessary to address an issue of public health or public safety or to verify compliance or prevent non-compliance with the provisions of the Act or of these Regulations. If the person is required to provide the documents or information to the Minister, they must do so as soon as feasible. Import and export permits (2) A person that has ceased to hold a licence and that is required to retain documents — including copies of permits — under section 239 or 240 may be required by the Minister to provide the documents to the Minister if the Minister has reasonable grounds to believe that they are necessary for a purpose specified in subsection (1). If the person is required to provide the documents to the Minister, they must do so as soon as feasible. Exception — urgent issues (3) A document or information that must be provided under subsection (1) or (2) to address an issue of public health or public safety must be provided without delay if the Minister has reasonable grounds to believe that the issue must be addressed urgently and so indicates in the request. Notice — new cannabis product 244 (1) A holder of a licence for processing, at least 60 days before making available for sale a cannabis product — except cannabis plants or cannabis plant seeds — that they have not previously sold in Canada, must provide the Minister with a written notice that contains the following information: (a) the class of cannabis set out in Schedule 4 to the Act to which the cannabis product belongs; (b) a description of the cannabis product, including the brand name; and (c) the date on which the cannabis product is expected to be made available for sale. Retention period (2) The holder must retain a copy of the notice for at least two years after the date referred to in paragraph (1)(c). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Section 245 Information related to promotion 245 (1) For the purpose of subsection 43(1) of the Act, (a) the information that a person referred to in that subsection must provide to the Minister in respect of the promotion of cannabis is (i) the total amount of money that the person spent in a given calendar year on promotion that is directed at consumers who purchase cannabis at the retail level in Canada, together with a description of the types of promotion on which the money was spent, and (ii) the total amount of money that the person spent in a given calendar year on promotion conducted in Canada that is not directed at consumers referred to in subparagraph (i), together with a description of the types of promotion on which the money was spent; and (b) the information must be provided, in writing, no later than March 31 of the year after the year to which the information relates. Cannabis accessories and services (2) For the purpose of subsection 43(2) of the Act, (a) the information that a person referred to in that subsection must provide to the Minister, in respect of the promotion of cannabis accessories that they sell or distribute or a service related to cannabis that they provide, is (i) the total amount of money that the person spent in a given calendar year on promotion that is directed at consumers who purchase cannabis at the retail level in Canada, together with a description of the types of promotion on which the money was spent, and (ii) the total amount of money that the person spent in a given calendar year on promotion conducted in Canada that is not directed at consumers referred to in subparagraph (i), together with a description of the types of promotion on which the money was spent; and (b) the information must be provided, in writing, no later than March 31 of the year after the year to which the information relates. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Sections 245-247 Exemption (3) A person referred to in subsection 43(1) or (2) of the Act is exempt from the requirement to provide the information referred to in subsection (1) or (2) if they do not hold a licence. Prior promotions (4) The information referred to in subsections (1) and (2) is not required to be provided in respect of any promotion that is conducted before the day on which these Regulations come into force. Theft or loss of cannabis 246 (1) A holder of a licence other than a cannabis drug licence must, if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted business activities, (a) notify a police force within 24 hours after becoming aware of its theft or loss; and (b) provide the Minister with a written notice within 10 days after becoming aware of its theft or loss. Retention period (2) The holder must retain a copy of the notice provided to the Minister for at least two years after the day by which the Minister must be notified. Voluntary recall 247 (1) A holder of a licence must, before commencing a voluntary recall of a cannabis product that has been sold or distributed in Canada, provide the Minister with a document that contains the following information: (a) a description of the cannabis product, including the brand name; (b) the number of each lot or batch of the cannabis product to be recalled, together with, if known, the number of any lot or batch of cannabis that was used to make the cannabis product; (c) if known, the name and address of each person that (i) produced or imported into Canada the cannabis that is, or is contained in, the cannabis product, (ii) packaged or labelled the cannabis referred to in subparagraph (i) before it became, or became part of, the cannabis product, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Section 247 (iii) in the case of a cannabis accessory that is a cannabis product, produced or imported into Canada the cannabis accessory or any component of it, or (iv) packaged or labelled the cannabis product; (d) the reasons for commencing the recall; (e) if the cannabis that is, or is contained in, the cannabis product was produced or imported into Canada by the holder, the quantity of cannabis that was produced or imported; (f) the quantity of the cannabis product that was sold or distributed by the holder in Canada; (g) if applicable, the quantity of the cannabis product that is affected by the problem or potential problem underlying the recall and that remains in the possession of the holder; (h) the number of persons to which the holder sold or distributed the cannabis product in Canada; (i) the period during which the holder sold or distributed the cannabis product in Canada; (j) the time and manner in which the recall is to be carried out, including (i) the expected date for the commencement of the recall, (ii) how and when the Minister will be informed of the progress of the recall, and (iii) the date by which the recall is expected to be completed; (k) a description of any other measure that the holder is taking, or intends to take, in respect of the recall; and (l) contact information for a representative who will be responsible for the recall. Recall — exported cannabis (2) A holder of a licence must, before commencing a voluntary recall of cannabis that has been exported from Canada, provide the Minister with a document that contains the following information: (a) a description of the cannabis, including, if applicable, the brand name; (b) the number of each lot or batch of the cannabis; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Section 247 (c) if known, the name and address of each person that (i) produced or imported into Canada the cannabis, and, if applicable, packaged or labelled it, and (ii) in the case where the cannabis is contained in a cannabis accessory, produced or imported into Canada the cannabis accessory or any component of it; (d) the reasons for commencing the recall; (e) if applicable, the quantity of the cannabis that was produced or imported into Canada by the holder; (f) the quantity of the cannabis that was sold or distributed by the holder in foreign countries; (g) if applicable, the quantity of the cannabis that is affected by the problem or potential problem underlying the recall and that remains in the possession of the holder; (h) the number of persons to which the holder sold or distributed the cannabis in foreign countries; (i) the period during which the holder sold or distributed the cannabis in foreign countries; (j) the time and manner in which the recall is to be carried out, including (i) the expected date for the commencement of the recall, (ii) how and when the Minister will be informed of the progress of the recall, and (iii) the date by which the recall is expected to be completed; (k) a description of any other measure that the holder is taking, or intends to take, in respect of the recall; and (l) contact information for a representative who will be responsible for the recall. Risk evaluation (3) The holder must, within 72 hours after providing the Minister with the document referred to in subsection (1) or (2), provide the Minister with a document that contains an evaluation of the risk associated with the problem or potential problem that underlies the recall. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Sections 247-248 Report (4) The holder must, within 30 days after the day on which the recall is completed, provide the Minister with a written report that sets out the results of the recall and the measures taken to prevent a recurrence of the problem. Extension (5) Despite subsection (4), the Minister may extend the period for providing the report — to a maximum of 90 days after the day on which the recall is completed — if, for reasons beyond the holder’s control, it is not feasible to provide it within the 30-day period. Retention periods (6) The holder must retain (a) a copy of the documents that they provide to the Minister under subsections (1) and (3) for at least two years after the day on which their last sale or distribution of any cannabis product that is the subject of the recall takes place; (b) a copy of the documents that they provide to the Minister under subsections (2) and (3) for at least two years after the day on which their last export of any of the cannabis that is the subject of the recall takes place; and (c) a copy of the report that they provide to the Minister under subsection (4) for at least two years after the day on which the recall is completed. Adverse reactions 248 (1) A holder of a licence that sells or distributes a cannabis product must (a) within 15 days after becoming aware of a serious adverse reaction to the cannabis product, provide the Minister with a detailed report containing all information in their possession that is associated with the use of the cannabis product by the individual who experienced the reaction; and (b) prepare an annual summary report that contains a concise and critical analysis of all adverse reactions to the cannabis product that the holder became aware of during the previous 12 months. Retention period (2) The holder must retain the reports for at least 25 years after the day on which they are prepared. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Documents and Information Provided to Minister Sections 248-250 Definitions (3) The following definitions apply in this section. adverse reaction means a noxious and unintended response to a cannabis product. (réaction indésirable) serious adverse reaction means a noxious and unintended response to a cannabis product that requires inpatient hospitalization or a prolongation of existing hospitalization, causes congenital malformation, results in persistent or significant disability or incapacity, is lifethreatening or results in death. (réaction indésirable grave) Disclosure of Information to Third Parties Notices to local authorities 249 (1) The Minister may, at the request of the government of a province or any police force or other law enforcement agency in a province, disclose to the government, police force or agency any information set out in a notice that is referred to in section 7 or 35 and that relates to a site located in that province if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of (a) the Act; (b) these Regulations; (c) a provincial Act; or (d) regulations made under a provincial Act. Police investigation (2) The Minister may disclose any information that is set out in a notice referred to in section 7 or 35 to a Canadian police force, or a member of a Canadian police force, that requests the information in the course of an investigation under the Act. Use of information (3) Information that is disclosed under subsection (2) must be used only for the purposes of the investigation or the administration or enforcement of the Act or these Regulations. Disclosure to province 250 (1) For the purpose of paragraph 83(f) of the Act, information contained in the national cannabis tracking system may be disclosed to the government of a province, at its request, if the disclosure is for a purpose related to Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 12 Reporting and Disclosure Disclosure of Information to Third Parties Sections 250-252 the implementation of public health programs or activities that are related to cannabis. Public health programs and activities (2) The Minister may, at the request of the government of a province, disclose to the government any information obtained under section 297 if the disclosure is for a purpose related to the implementation of public health programs or activities that are related to cannabis. International Narcotics Control Board 251 (1) In addition to the information that may be disclosed under sections 83, 128 and 129 of the Act, the Minister may disclose to the International Narcotics Control Board other information that is obtained under the Act if the disclosure is necessary to enable Canada to fulfill its international obligations in relation to cannabis. Former statute (2) The Minister may also disclose to the International Narcotics Control Board any information relating to cannabis that was obtained under the Controlled Drugs and Substances Act before the day on which these Regulations come into force if the disclosure is necessary to enable Canada to fulfill its international obligations in relation to cannabis. Competent authorities 252 The Minister may, for the purposes of the administration or enforcement of the Act or these Regulations or if it is necessary to enable Canada to fulfill its international obligations in relation to cannabis, disclose to a competent authority (a) information obtained from a person that has applied for or that holds an import or export permit; (b) information relating to an activity authorized by (i) an import or export permit, or (ii) a licence held by a person that has applied for or that holds an import or export permit; (c) any document that the holder or former holder of an import or export permit is required to retain, including any document that relates to a licence that they hold or held; and (d) a copy of any import or export permit. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 13 Test Kits Sections 253-256 PART 13 Test Kits Exemption — Division 2 of Part 1 of Act 253 The cannabis that is contained in a test kit that meets the requirements of paragraphs 255(a) and (b) is exempt from Subdivisions A to D of Division 2 of Part 1 of the Act. Non-application 254 Part 5 and section 137 do not apply to the cannabis that is contained in a test kit. Sale, importation and exportation 255 A person is authorized to sell, import or export a test kit if (a) a registration number has been issued for the test kit and the number has not been cancelled; (b) the following information is included on the label that is applied to the test kit: (i) the registration number, and (ii) in the case of a test kit that is not subject to the labelling requirements of the Medical Devices Regulations, (A) the name and address of the manufacturer or assembler or, if applicable, the name and address of the person for which the test kit was manufactured or assembled further to a custom order, and (B) its brand name; and (c) the test kit is sold, imported or exported for a medical, laboratory, industrial, educational, law administration or enforcement or research purpose. Individual — possession and distribution 256 An individual is authorized to conduct the following activities, in relation to one or more test kits that contain a total amount of cannabis that, as determined in accordance with subsection 2(4) of the Act, is equivalent to more than the amount the individual may possess under the Act, if the registration number is included on the label of each test kit (a) possess it in a public place; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 13 Test Kits Sections 256-258 (b) distribute it for a medical, laboratory, industrial, educational, law administration or enforcement or research purpose. Organization — possession and distribution 257 An organization is authorized to conduct the following activities if the label of a test kit includes its registration number: (a) possess the test kit; and (b) distribute the test kit for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose. Application for registration number 258 (1) The manufacturer or assembler of a test kit or, if the test kit is manufactured or assembled further to a custom order, the person for which the test kit was manufactured or assembled, may apply for a registration number for the test kit by submitting an application to the Minister containing the following information: (a) the brand name of the test kit; (b) particulars of the design and construction of the test kit; (c) a statement of the proposed use of the test kit; (d) a detailed description of the cannabis contained in the test kit, including (i) the class of cannabis set out in column 1 of Schedule 3 to the Act, and (ii) the quantity of cannabis; (e) if applicable, a detailed description of every other substance contained in the test kit, including (i) the name of each substance, (ii) if the substance is a salt, the name of the salt, and (iii) the quantity of each substance; and (f) the directions for use of the test kit. Signature and declaration (2) An application for the registration of a test kit must Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 13 Test Kits Sections 258-261 (a) be signed and dated by an individual authorized by the applicant for that purpose; and (b) include a declaration, signed and dated by that individual, indicating that all the information provided in support of the application is correct and complete to the best of their knowledge. Additional information 259 The Minister may, on receiving an application referred to in section 258, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. Issuance of a registration number 260 (1) Subject to subsection (2), the Minister must, after examining the information and documents required under sections 258 and 259, issue a registration number for the test kit to the applicant if the applicant demonstrates that the test kit is designed to be used solely for a medical, laboratory, industrial, educational, law administration or enforcement or research purpose. Refusal (2) The Minister must refuse to issue a registration number if he or she has reasonable grounds to believe that (a) the test kit is likely to create a risk to public health or safety, including the risk of cannabis being diverted to an illicit market or activity, because (i) the quantity of cannabis in the test kit is too high, or (ii) the adulterating or denaturing agent in the test kit is not likely to prevent or deter consumption or administration of the cannabis; or (b) the test kit is likely to be used for a purpose other than any of those set out in subsection (1). Cancellation 261 (1) The Minister must cancel the registration number of a test kit if (a) the Minister receives a notice from the holder of the registration number stating that it has ceased all authorized activities referred to in section 255, 256 or 257 with respect to the test kit; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 13 Test Kits Sections 261-263 (b) the Minister has reasonable grounds to believe that (i) the test kit is likely to create a risk to public health or safety, including the risk of cannabis being diverted to an illicit market or activity, because (A) the quantity of cannabis in the test kit is too high, or (B) the adulterating or denaturing agent in the test kit is not likely to prevent or deter consumption or administration of the cannabis, or (ii) the test kit is likely to be used for a purpose other than any of those set out in subsection 260(1); or (c) the test kit is a medical device and is no longer authorized for sale in Canada under the Medical Devices Regulations. Effect of cancellation (2) When a registration number issued for a test kit is cancelled, the cancelled registration number (a) must not be displayed on the label of any test kit manufactured or assembled further to a custom order after the cancellation; and (b) in the case of a cancellation under paragraph (1)(a), must remain on the label of any existing test kit until all of the test kits with that registration number are disposed of. Refusal or cancellation 262 If the Minister proposes to refuse to issue or to cancel a registration number, the Minister must (a) send a notice to the applicant or to the holder of the registration number that sets out the reasons for the refusal or cancellation; and (b) give the applicant or holder an opportunity to be heard in respect of the refusal or cancellation. Application for new number 263 (1) If a registration number issued for a test kit has been cancelled under section 261, the manufacturer or assembler of the test kit or, if the test kit is manufactured or assembled further to a custom order, the person for which the test kit was manufactured or assembled, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 13 Test Kits Sections 263-264 (a) may apply to the Minister for the issuance of a new registration number in accordance with section 258; and (b) must, in support of the application, provide the Minister with proof that the circumstance that gave rise to the cancellation has been corrected. New registration number (2) The Minister, after examining the application and supporting proof referred to in subsection (1), must issue a new registration number for the test kit unless there exists a circumstance set out in paragraph 261(1)(b) or (c). PART 14 Access to Cannabis for Medical Purposes Interpretation Definitions 264 (1) The following definitions apply in this Part. adult means an individual who is 18 years of age or older. (adulte) designated person means an individual who is designated by a registered person, in accordance with Division 2 of this Part, to produce cannabis for the medical purposes of the registered person. (personne désignée) former Marihuana for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2013-645 of June 6, 2013 and registered as SOR/2013-119. (ancien Règlement sur la marihuana à des fins médicales) health care practitioner means, except as otherwise provided, a medical practitioner or a nurse practitioner. (praticien de la santé) licence for sale means a licence for sale for medical purposes. (licence de vente) medical document means a document provided by a health care practitioner to support the use of cannabis for medical purposes. (document médical) medical practitioner means an individual who (a) is entitled under the laws of a province to practise medicine in that province; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Interpretation Section 264 (b) is not restricted, under the laws of the province in which they practise, from authorizing the use of cannabis; and (c) is not named in a notice issued under section 335 that has not been retracted. (médecin) named responsible adult means, in respect of a client, an adult who is named in the client’s registration document under subparagraph 282(2)(a)(iv) or subsection 285(5). (responsable nommé) nurse practitioner means an individual who (a) is entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and is practising as a nurse practitioner or an equivalent designation in that province; (b) is not restricted, under the laws of the province in which they practise, from authorizing the use of cannabis; and (c) is not named in a notice issued under section 335 that has not been retracted. (infirmier praticien) provincial professional licensing authority means (a) except in sections 343 to 345, an authority that is responsible for (i) authorizing the practise of medicine in a province, or (ii) authorizing individuals to practise as nurse practitioners in a province; and (b) in sections 343 to 345, an authority that is responsible for authorizing individuals to practise pharmacy in a province. (autorité provinciale attributive de licences en matière d’activités professionelles) registered person means an individual who is registered with the Minister under subsection 313(1). (personne inscrite) registration certificate means a certificate issued by the Minister under subsection 313(1). (certificat d’inscription) registration document means a document provided under paragraph 282(2)(a) to a client by a holder of a licence for sale. (document d’inscription) written order means a written authorization given by a health care practitioner that a stated amount of cannabis Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Interpretation Section 264 be dispensed for the individual named in the authorization. (commande écrite) Equivalent designation — nurse practitioner (2) For the purpose of paragraph (a) of the definition of nurse practitioner, a designation is equivalent when it designates an individual who (a) is a registered nurse; (b) possesses additional educational preparation and experience related to health care; (c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and (d) is practising their profession in accordance with one of the following provincial laws, as amended from time to time, or a similar law in another province: (i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act, C.C.S.M., c. R40, (ii) Ontario Regulation 275/94, made under the Nursing Act, 1991, S.O. 1991, c. 32, or (iii) the Regulation respecting the classes of specialization of the Ordre des infirmières et infirmiers du Québec for the activities referred to in section 36.1 of the Nurses Act to be engaged in, CQLR, c. I-8, r. 8, made under the Nurses Act of Quebec, CQLR, c. I-8. Equivalent quantity — cannabis (3) In the following provisions, the equivalency of a quantity of cannabis is to be determined in accordance with subsection 2(4) of the Act: (a) subsections 266(2), (3), (4), (6) and (7); (b) subsections 267(2) to (5); (c) paragraph 290(1)(e); (d) subsection 292(4); (e) subsection 293(1); Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Interpretation Sections 264-266 (f) subparagraph 297(1)(e)(iii); (g) paragraph 322(1)(c); (h) paragraph 348(3)(a); and (i) subsection 350(2). Non-application Drugs containing cannabis 265 This Part does not apply in respect of a drug containing cannabis. Possession Possession in public place — adults 266 (1) The following individuals are authorized to possess, in a public place, cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section: (a) an adult who is registered with a holder of a licence for sale on the basis of a medical document; (b) an adult who is a registered person; (c) an adult who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital; (d) an adult who is named in a registration document or a registration certificate as being responsible for an individual referred to in paragraph (a) or (b) or 267(1)(a) or (b) and who possesses the cannabis for the medical purposes of that individual; (e) an adult who is responsible for an individual referred to in paragraph (c) or 267(1)(c) and who possesses the cannabis for the medical purposes of that individual; and (f) an adult who possesses the cannabis in the presence of an individual referred to in paragraph (a), (b) or (c) or 267(1)(a), (b) or (c) for the purpose of providing assistance in administering it to the individual. Client registered on basis of medical document (2) The maximum amount of cannabis that an adult referred to in paragraph (1)(a) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Possession Section 266 (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and (b) 150 g of dried cannabis. Registered person (3) The maximum amount of cannabis that an adult referred to in paragraph (1)(b) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and (b) 150 g of dried cannabis. Hospital patient (4) The maximum amount of cannabis that an adult referred to in paragraph (1)(c) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and (b) 150 g of dried cannabis. Responsible adult (5) The maximum amount of cannabis that an adult referred to in paragraph (1)(d) or (e) is authorized to possess in a public place, for the medical purposes of the individual for whom they are responsible, is the maximum amount that the individual is authorized to possess under subsection (2), (3) or (4) or 267(2), (3) or (4), as the case may be. Adult providing assistance (6) The maximum amount of cannabis that an adult referred to in paragraph (1)(f) is authorized to possess in a public place, for the purpose of providing assistance in administering cannabis to the individual referred to in that paragraph, is an amount equivalent to the lesser of (a) the daily quantity of dried cannabis indicated in the individual’s registration document or registration certificate or on the hospital label that is applied to the container in which the cannabis was provided to or for the individual, as the case may be, or in the case where the individual has more than one registration document, or one or more registration documents and a Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Possession Sections 266-267 registration certificate, the total of the daily quantities, and (b) 150 g of dried cannabis. Exception (7) This section does not authorize an adult who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis. Possession — young persons 267 (1) The following young persons are authorized to possess cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section: (a) a young person who is registered with a holder of a licence for sale on the basis of a medical document; (b) a young person who is a registered person; and (c) a young person who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital. Client registered on basis of medical document (2) The maximum amount of cannabis that a young person referred to in paragraph (1)(a) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and (b) 150 g of dried cannabis. Registered person (3) The maximum amount of cannabis that a young person referred to in paragraph (1)(b) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and (b) 150 g of dried cannabis. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Possession Sections 267-269 Hospital patient (4) The maximum amount of cannabis that a young person referred to in paragraph (1)(c) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and (b) 150 g of dried cannabis. Exception (5) This section does not authorize a young person who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis. Cumulative quantities 268 Any quantity of cannabis that an individual is authorized to possess under section 266 or 267 is in addition to any other quantity of cannabis that the individual may possess under the Act. Distribution Distribution of cannabis 269 (1) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(d) or (e) is authorized to distribute — but not send or otherwise indirectly make available — to the individual for whom they are responsible, or transport for that individual, a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(5). Assistance by adult (2) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(f) is authorized to administer, give, transfer, provide or otherwise directly make available to the individual to whom the assistance is being provided a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(6). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Non-application of Section 71 of Act Sections 270-272 Non-application of Section 71 of Act Non-application of section 71 of Act 270 Despite section 71 of the Act, an authorization to possess, sell, distribute or produce cannabis that is conferred by this Part on an adult referred to in paragraphs 266(1)(a) to (f), a young person referred to in paragraphs 267(1)(a) to (c) or a designated person does not authorize an employee or agent or mandatary of the adult, young person or designated person — or a person who is acting under a contract with the adult, young person or designated person — to do anything that is prohibited by a provision of Division 1 of Part 1 of the Act. Health Care Practitioners Prohibition 271 A health care practitioner must not provide a medical document or issue a written order except as authorized under this Part. Authorization — health care practitioner 272 (1) A health care practitioner is authorized, in respect of an individual who is under their professional treatment and if cannabis is required for the condition for which the individual is receiving treatment, (a) to provide a medical document; (b) while practising in a hospital, to issue a written order; (c) to administer to the individual a cannabis product, other than cannabis plants or cannabis plant seeds; or (d) to transfer to the individual, or to an adult who is responsible for them, a cannabis product, other than cannabis plants or cannabis plant seeds, (i) that has been received from a holder of a licence for sale or a licence for processing, and (ii) in respect of which the quantity of cannabis does not exceed the quantity that the individual or adult is authorized to possess under section 266 or 267, as the case may be. Possession in public place (2) A health care practitioner is authorized to possess a cannabis product, other than cannabis plants or cannabis plant seeds, in a public place if they have obtained it Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Health Care Practitioners Sections 272-273 under the Act and require it for the practice of their profession in the province where they possess it. Medical document 273 (1) A medical document that is provided under paragraph 272(1)(a) must indicate (a) the health care practitioner’s given name, surname, profession, business address and telephone number and, if applicable, their facsimile number and email address; (b) the province in which the health care practitioner is authorized to practise their profession and the number assigned by the province to that authorization; (c) the given name, surname and date of birth of the individual who is under the professional treatment of the health care practitioner; (d) the address of the location at which the individual consulted with the health care practitioner; (e) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual; and (f) a period of use, specified as a number of days, weeks or months. Maximum period (2) The period of use specified in a medical document must not exceed one year. Signature and statement (3) A medical document must be signed and dated by the health care practitioner who is providing it and must include a statement confirming that the information in the document is correct and complete. Validity of medical document (4) A medical document is valid for the period of use specified in it, which period begins on (a) the date on which the individual referred to in paragraph (1)(c) is registered with a holder of a licence for sale on the basis of the document or, if there have been previous registrations on the basis of the document, the earliest registration date; or (b) if the individual referred to in paragraph (1)(c) uses the document to register with the Minister under Division 2 of this Part and has not previously been registered with a holder of a licence for sale on the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes Health Care Practitioners Sections 273-276 basis of the document, the date of the registration with the Minister. Additional period of validity (5) Despite subsection (4), a medical document is valid for an additional period of six months beginning (a) on the day on which this subsection comes into force, if the document ceases to be valid under subsection (4) on or after March 13, 2020 but before the day on which this subsection comes into force; or (b) on the day after the day on which the document ceases to be valid under subsection (4) if the day on which the document ceases to be valid is on or after the day on which this subsection comes into force but before October 1, 2020. SOR/2020-149, s. 1. Written order 274 A written order that is issued under paragraph 272(1)(b) must be signed and dated by the health care practitioner and must indicate (a) the health care practitioner’s given name, surname and profession; (b) the given name and surname of the individual who is under the professional treatment of the health care practitioner; and (c) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual. General Prohibitions Alteration of documents 275 It is prohibited to alter or deface a medical document or other document that is issued or provided under this Part. Obtaining from more than one source 276 (1) It is prohibited to seek or obtain a cannabis product from more than one source at a time on the basis of the same medical document. Exception (2) Despite subsection (1), if a medical document forms the basis for a registration with the Minister under Division 2 of this Part, the registration certificate may be used to obtain Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes General Prohibitions Sections 276-279 (a) cannabis products, other than cannabis plants and cannabis plant seeds, from, or through, a single holder of a licence for sale; and (b) cannabis plants or cannabis plant seeds from one or more holders of a licence for sale. DIVISION 1 Holders of Licence for Sale Notice to Licensing Authorities Notice to licensing authorities 277 (1) A holder of a licence for sale must, within 30 days after the issuance of their licence, provide a written notice to each provincial professional licensing authority and a copy to the Minister. Content of notice (2) The notice must contain (a) the name of the holder, the mailing address of the site specified in the licence and, if applicable, the holder’s email address; and (b) the effective date of the licence. Registration of Clients Eligibility — client 278 An individual is eligible to be a client of a holder of a licence for sale only if the individual ordinarily resides in Canada. Registration application 279 (1) Before registering an individual as a client, a holder of a licence for sale must receive a registration application, together with the original of the individual’s medical document or a copy of their registration certificate. Application on basis of medical document (2) An application that is submitted on the basis of a medical document must include (a) the applicant’s given name, surname and date of birth; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Section 279 (b) either (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific place, the address as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution located in Canada that provides them with food, lodging or other social services; (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph; (d) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment; (e) an indication of whether the shipping address is to be (i) the address referred to in subparagraph (b)(i), (ii) the mailing address of the place referred to in subparagraph (b)(i), or (iii) if the health care practitioner who provided the medical document has consented to receive cannabis products on behalf of the applicant, the address of the health care practitioner; (f) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant; and (g) a statement signed and dated by the applicant, or an adult who is named under paragraph (f), confirming that (i) the applicant ordinarily resides in Canada, (ii) the information in the application is correct and complete, (iii) the medical document that forms the basis for the application has not, to the knowledge of the individual signing the statement, been altered, (iv) the medical document is not being used to seek or obtain cannabis products from another source, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Section 279 (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and (vi) in the case where an adult who is named under paragraph (f) is signing the statement, they are responsible for the applicant. Application on basis of registration certificate (3) An application that is submitted on the basis of a registration certificate must include (a) the information referred to in paragraphs (2)(a) to (d), as applicable; (b) an indication of whether the application is being made to obtain (i) cannabis products, other than cannabis plants or cannabis plant seeds, (ii) cannabis plants or cannabis plant seeds, or both, or (iii) cannabis products referred to in both subparagraphs (i) and (ii); (c) if the application is being made to obtain cannabis products, other than cannabis plants or cannabis plant seeds, an indication of which of the addresses referred to in paragraph (2)(e) is to be the shipping address; (d) if the application is being made to obtain cannabis plants or cannabis plant seeds, an indication of whether the shipping address is to be (i) the address of the place where the applicant ordinarily resides, (ii) the address of the place where the designated person, if any, ordinarily resides, or (iii) the address of the site for the production of cannabis that is specified in the registration certificate; and (e) a statement signed and dated by the applicant, or an adult who is named in the registration certificate under paragraph 313(2)(c), confirming that (i) the applicant ordinarily resides in Canada, (ii) the information in the application is correct and complete, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Sections 279-281 (iii) the copy of the registration certificate is an accurate reproduction of the original, (iv) if the application is being made to obtain cannabis products other than cannabis plants or cannabis plant seeds, the registration certificate is not being used to seek or obtain the cannabis products from another source, (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and (vi) in the case where an adult who is named in the registration certificate is signing the statement, they are responsible for the applicant. Applicant without ordinary residence (4) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant. Health care practitioner’s consent 280 (1) If an application referred to in section 279 includes, as a shipping address, the address of the health care practitioner who provided the applicant with the medical document, the application must include a statement, signed and dated by the health care practitioner, consenting to receive cannabis products, other than cannabis plants and cannabis plant seeds, on the applicant’s behalf. Withdrawal of consent (2) If the applicant becomes a client of a holder of a licence for sale under this Division and the health care practitioner ceases to consent to receive cannabis products on the behalf of the client, the health care practitioner must send a written notice to that effect to the client and the holder. Verification of medical document 281 (1) A holder of a licence for sale that intends to register an applicant whose application is based on a medical document must (a) verify that the medical document meets the requirements set out in subsections 273(1) to (3); (b) verify that, at the time the medical document was provided to the applicant, the individual who provided Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Section 281 the document was a health care practitioner who was entitled to practise their profession in the province in which the applicant consulted with them; and (c) verify with the office of the individual referred to in paragraph (b) that the applicant consulted the individual and that the information set out in the medical document is correct and complete. Exception (2) The holder is not required to do the verification referred to in paragraph (1)(c) if the signature of the health care practitioner who provided the medical document is known to the holder. Uncertainty — previous registration (3) The holder must, if it appears that the applicant was previously registered on the basis of the medical document but the information referred to in subsection 288(1) does not appear on the medical document, (a) take reasonable steps to determine whether the applicant was previously registered on the basis of the medical document; and (b) in the case where they determine that the applicant was previously registered on the basis of the medical document, (i) take reasonable steps to determine the date on which the applicant was first registered on that basis; and (ii) if they determine the date referred to in subparagraph (i), ensure that it appears on the medical document in accordance with subsection 288(1). Date illegible or incomplete (4) The holder must, if a date of registration appears on the medical document but the date is illegible, incomplete or there is reason to doubt that it is accurate, (a) take reasonable steps to determine the date on which the applicant was first registered on the basis of the medical document; and (b) if they determine the date referred to in paragraph (a), ensure that it appears on the medical document in accordance with subsection 288(1) unless there are reasonable grounds to believe that the date that already appears on the medical document has been falsified. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Sections 281-282 Unknown date (5) If the holder is, after taking the steps referred to in subparagraph (3)(b)(i) or paragraph (4)(a), unable to determine the date on which the applicant was first registered on the basis of the medical document, they must, if they proceed to register the applicant, indicate on the medical document the information referred to subsection 288(1) in accordance with the requirements set out in that subsection. Registration of client 282 (1) A holder of a licence for sale may, subject to section 284, register an applicant as a client. Registration document and other information (2) A holder that registers an applicant as a client must provide them with (a) a registration document that contains the following information: (i) the name of the holder, (ii) the client’s given name, surname and date of birth, (iii) the given name and surname of the health care practitioner who provided the client’s medical document, (iv) the given name, surname and date of birth of any adults named in the application under paragraph 279(2)(f) or in the registration certificate under paragraph 313(2)(c), as the case may be, (v) an indication of whether the registration is based on a medical document or a registration certificate, (vi) the daily quantity of dried cannabis, expressed in grams, indicated in the medical document or registration certificate, (vii) in the case of a registration that is based on a medical document, the shipping address indicated in the application under paragraph 279(2)(e), (viii) in the case of a registration that is based on a registration certificate, the shipping address or addresses indicated in the application under paragraph 279(3)(c) or (d), or both, as applicable, and (ix) the date of expiry of the registration; (b) information that will permit them to use a unique identifier for the purpose of ordering cannabis; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Sections 282-284 (c) the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website. Expiry of registration 283 A client’s registration with a holder of a licence for sale expires (a) if it is based on a medical document, at the end of the period of validity of the document, as determined in accordance with subsections 273(4) and (5); or (b) if it is based on a registration certificate, when the registration with the Minister expires. SOR/2020-149, s. 2. Refusal to register 284 (1) A holder of a licence for sale must refuse to register an applicant as a client if (a) the application does not meet the requirements set out in section 279 or, if applicable, subsection 280(1); (b) the holder has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application; (c) the requirements set out in subsection 281(1) have not been met; (d) the medical document that forms the basis for the application is no longer valid; (e) the registration with the Minister that forms the basis for the application has expired or been revoked; (f) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document or the copy of the registration certificate that has been submitted; or (g) the health care practitioner who provided the medical document to the applicant notifies the holder in writing that the use of cannabis by the applicant is no longer supported for clinical reasons. Verification requirement (2) The holder must not refuse to register an applicant on the basis that there are reasonable grounds to believe that the medical document is false or falsified unless the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Registration of Clients Sections 284-285 holder has contacted the office of the health care practitioner whose name appears in the medical document to ask about the matters referred to in paragraph 281(1)(c). Notice of intention to refuse (3) If the holder proposes to refuse an applicant for a reason referred to in subsection (1) or a business reason, the holder must, without delay, send the applicant a written notice that sets out the reason for the proposed refusal. Opportunity to be heard (4) If the holder sends a notice under subsection (3), they must not refuse to register the applicant unless the applicant has had 10 days after the day on which the applicant receives the notice to provide reasons why the refusal is unfounded. Notice of refusal to register (5) If the holder is provided with reasons under subsection (4), they must, if they refuse to register the applicant, send the applicant a written notice of the refusal. Return of medical document (6) If the holder refuses to register an applicant whose application is based on a medical document, the holder must, without delay, return the medical document unless (a) it is clear that the document is false or falsified; or (b) the registration is refused for a reason referred to in paragraph (1)(d) or (g). Notice to Minister (7) If the holder refuses to register an applicant whose application is based on a registration certificate, the holder must, as soon as feasible, provide the Minister with a notice that includes the following information: (a) the given name, surname and date of birth of the registered person named in the certificate; (b) the registration number indicated in the certificate; (c) the date of the refusal; and (d) the reasons for the refusal. Amendment to Registration Amendment to registration 285 (1) If there is a change in respect of any of the information provided under section 279, the client — or, if Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Amendment to Registration Section 285 applicable, an adult who is responsible for them — must, without delay, submit an application to amend the registration to the holder of the licence for sale unless the client has ceased to ordinarily reside in Canada. Content of application (2) The application must include the following information and documents: (a) the new information; (b) if there has been a change to the information referred to in paragraph 279(2)(a), proof of the change; (c) if applicable, the statement of the health care practitioner consenting to receive cannabis products on behalf of the client, as required by subsection 280(1); (d) if the application is being submitted by an adult who is responsible for the client but who is not a named responsible adult, the given name, surname and date of birth of the adult; and (e) a statement, signed and dated by the individual who is submitting the application, confirming that (i) the client ordinarily resides in Canada, (ii) the information included in the application is correct and complete, (iii) in the case where the individual who is signing the statement is not the client, they are responsible for the client, and (iv) in the case where the individual who is signing the statement is neither the client nor a named responsible adult, the client and any named responsible adults have been notified of the application. Condition (3) The new information that is included in the application under paragraph (2)(a) must meet the applicable requirements set out in section 279. Obligation to amend (4) The holder of the licence for sale must, if they receive an application that complies with subsections (2) and (3), amend the client’s registration and provide them with an updated registration document. New responsible adult (5) If a registration is amended on the basis of an application that is signed by an adult who is neither the client Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Amendment to Registration Sections 285-286 nor a named responsible adult, the name of the adult who signed the application must be included in the updated registration document. Revocation of Registration Revocation of registration 286 (1) A holder of a licence for sale must, without delay, revoke a client’s registration if (a) the client — or, if applicable, a named responsible adult — requests it; (b) the medical document that forms the basis for the registration is transferred to another holder of a licence for sale under section 287; (c) the holder has reasonable grounds to believe the client has ceased to ordinarily reside in Canada or ceased to have a shipping address in Canada; (d) the holder has reasonable grounds to believe that (i) the registration was made on the basis of false or misleading information provided in, or false or falsified documents provided in support of, the registration application, or (ii) false or misleading information was, or false or falsified documents were, provided in, or in support of, an amendment application under section 285; (e) the health care practitioner who provided the medical document notifies the holder in writing that the use of cannabis by the client is no longer supported for clinical reasons; (f) if the registration is based on a registration certificate, the holder becomes aware that the registration with the Minister has been revoked; or (g) the client dies. Revocation for business reason (2) A holder of a licence for sale may revoke a client’s registration for a business reason. Revocation of all registrations (3) A holder of a licence for sale whose licence is revoked must, without delay, revoke the registrations of all of their clients and send each client a written notice that sets out the reason for the revocation. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Revocation of Registration Section 286 Notice (4) Before revoking a registration under subsection (1) or (2), the holder must send the client a written notice that sets out the reason for the proposed revocation unless (a) the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred; (b) the named responsible adult, if any, who signed the most recent statement that was included in an application that was submitted under section 279 or 285 to the holder in respect of the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred; (c) the client — or, if applicable, the named responsible adult referred to in paragraph (b) — has consented to the transfer of the medical document that forms the basis for the registration; (d) the client has died; or (e) the holder has received a notice of revocation referred to in subsection 319(1) in respect of the client. Opportunity to be heard (5) If the holder sends a notice under subsection (4), the holder must not revoke the registration unless the client has had 10 days after the day on which they receive the notice to provide reasons why the revocation is unfounded. Medical document (6) If the holder revokes a registration that is based on a medical document, they must, without delay, return the document to the client unless (a) it is clear that the document is false or falsified; or (b) the registration is revoked for a reason referred to in paragraph (1)(b), (e) or (g). Notice to Minister (7) If the holder revokes a registration that is based on a registration certificate, they must, as soon as feasible, provide the Minister with a notice that includes the following information: (a) the given name, surname and date of birth of the registered person named in the certificate; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Revocation of Registration Sections 286-288 (b) the registration number indicated in the certificate; (c) the date of the revocation; and (d) the reason for the revocation. Transfer of Medical Documents Transfer of medical document 287 (1) A holder of a licence for sale must, without delay, transfer the medical document that forms the basis for a client’s registration to another holder of a licence for sale if (a) the client — or, if applicable, a named responsible adult — requests, or consents to, the transfer; (b) the holder to which the document is to be transferred consents to the transfer; and (c) no revocation of the registration is pending for a reason referred to in any of paragraphs 286(1)(c) to (g). Requirement to send information (2) The holder that transfers the medical document must send the information contained in the client’s registration document to the holder to which the document is transferred. Requirement to register (3) The holder to which the medical document is transferred must, after receiving the information referred to in subsection (2), register the client and comply with the requirements set out in subsection 282(2). Indication of Date of Registration Requirement to indicate date of registration 288 (1) A holder of a licence for sale must, before returning a medical document under subsection 286(6) or transferring such a document under section 287, indicate the following information on the document in indelible ink if no date of registration appears on the document: (a) the date on which the client was registered, in the order of day, month and year, preceded by the words “date of registration” or “date d’inscription”; and (b) the name of the holder. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Indication of Date of Registration Sections 288-289 Previously registered clients (2) For greater certainty, the obligation in subsection (1) applies in respect of the medical document of an individual who was not registered under this Part but who is a client of the holder by virtue of subsection 158(7) of the Act. Sale of Cannabis to Clients Authorization to sell 289 (1) Subject to the other provisions of these Regulations, a holder of a licence for sale is authorized to sell cannabis products to a client — or, if applicable, to a named responsible adult — if the holder has received from the client or the named responsible adult (a) a written purchase order that complies with subsection (2); or (b) a verbal purchase order that has been recorded in accordance with subsection (3). Written purchase order (2) A written purchase order must contain the following information: (a) the date on which it is placed; (b) the given name, surname and date of birth of the client; (c) the given name and surname of the individual placing the order; (d) the shipping address specified in the client’s registration document for the cannabis products that are being ordered; (e) the client’s unique identifier; and (f) the names assigned by the holder of the licence for sale to the cannabis products being ordered, the quantities desired and the brand names. Verbal purchase order (3) The record of a verbal purchase order must be in writing and contain the following information: (a) the information referred to in paragraphs (2)(a) to (f); (b) an order number; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Sale of Cannabis to Clients Sections 289-290 (c) the name of the individual with whom the order was placed. New medical document or registration certificate (4) For greater certainty, (a) the authorization to sell cannabis products that is conferred by subsection (1) applies only in respect of the medical document or registration certificate that forms the basis for the client’s registration; (b) if the client wishes to obtain cannabis products from the holder on the basis of a different medical document or registration certificate, they must submit to the holder a new registration application that meets the requirements set out in section 279 and be registered on the basis of that document or certificate; and (c) sections 280 to 284 apply in respect of a registration application referred to in paragraph (b). Refusal — purchase order 290 (1) A holder of a licence for sale must refuse to fill a purchase order — and must not ask a holder of a licence for processing or cultivation to fill it — if (a) the order does not meet the requirements of section 289; (b) any of the information referred to in paragraph 289(2)(b), (c) or (d) does not correspond to the information set out in the client’s registration document; (c) the client’s unique identifier referred to in paragraph 289(2)(e) is not correct; (d) the client’s registration has expired or been revoked; (e) the order specifies cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis exceed the equivalent of 150 g of dried cannabis; (f) in the case of a client who is registered on the basis of a medical document, the order specifies a quantity of cannabis plants or cannabis plant seeds; (g) the order specifies a total quantity of cannabis plants or cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection (2), exceeds the maximum number of plants, determined in accordance with section 325, that are authorized to be under production by virtue of the client’s registration with the Minister; or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Sale of Cannabis to Clients Sections 290-291 (h) the order has been previously filled. Seed-to-plant ratio (2) For the purpose of paragraph (1)(g), three cannabis plant seeds are equivalent to one cannabis plant. Notice of refusal (3) If the holder of the licence refuses to fill a purchase order, they must, except in the case of a refusal for a reason referred to in paragraph (1)(d), send the client a written notice that sets out the reason for the refusal. Sending or delivery — client 291 (1) A holder of a licence for sale that sells a cannabis product under section 289 is authorized to send or deliver it to the relevant shipping address that is specified in the client’s registration document unless, in the case where the shipping address is the address of a health care practitioner, (a) the holder has received a written notice from the health care practitioner indicating that they have ceased to consent to receive cannabis products on the client’s behalf; or (b) the holder has received a notice issued by the Minister under section 335 that names the health care practitioner and that has not been retracted. Prohibition (2) A holder of a licence for sale that receives a notice referred to in paragraph (1)(a) or (b) must not ask a holder of a licence for processing to send or deliver cannabis products to a client whose shipping address is the address of the health care practitioner who sent the notice or is named in it, as the case may be. Notice to holder of processing licence (3) A holder of a licence for sale that has asked a holder of a licence for processing to send or deliver cannabis products to the address of a health care practitioner must, without delay, provide the holder of the processing licence with a written notice if, within 48 hours after making the request, the holder of the sale licence receives (a) a notice referred to in paragraph (1)(a) from the health care practitioner; or (b) a notice referred to in paragraph (1)(b) that names the health care practitioner. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Sale of Cannabis to Clients Sections 291-292 Prohibition — licence for processing (4) A holder of a licence for processing that receives a notice under subsection (3) must not send or deliver the cannabis products that they had been asked to send or deliver. Return and Replacement of Cannabis Return of cannabis products 292 (1) An individual to whom cannabis products are sold under section 289 — or a designated person to whom cannabis plants or cannabis plant seeds are sent or delivered under section 291 — may return the cannabis products if the holder of the licence for sale accepts the return. Manner of return (2) The individual who is returning the cannabis products must, subject to subsection (3), send them or have them delivered to the holder of the licence for sale or the holder of a licence for processing or cultivation, as indicated by the holder of the licence for sale. Health care practitioner (3) In the case of cannabis products that were transferred to the individual by a health care practitioner who had consented under subsection 280(1) to receive them, the individual who is returning the cannabis products may, with the consent of the health care practitioner, give them, send them or have them delivered to the health care practitioner. Parcel — requirements (4) The individual who is returning the cannabis products must, if they are sending or having delivered cannabis plants — or other cannabis products in respect of which the total quantity of cannabis exceeds the equivalent of 30 g of dried cannabis, (a) prepare the parcel in a manner that ensures the security of its contents, such that (i) it will not open or permit the escape of its contents during handling and transportation, (ii) it is sealed so that it cannot be opened without the seal being broken, (iii) except in the case of cannabis plants, it prevents the escape of odours associated with cannabis plant material, and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Return and Replacement of Cannabis Sections 292-293 (iv) it prevents its contents from being identified without it being opened; and (b) use a method that ensures the tracking and safekeeping of the parcel during transportation. Return by health care practitioner (5) A health care practitioner must ensure that the requirements set out in paragraphs (4)(a) and (b) are met if they are sending or having delivered cannabis products referred to in subsection (4) that have been returned to them under subsection (3). SOR/2019-206, s. 68. Replacement of returned cannabis 293 (1) A holder of a licence for sale to which cannabis products, other than cannabis plants or cannabis plant seeds, are returned in accordance with section 292 may replace them with cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the total quantity of cannabis does not exceed the equivalent of 150 g of dried cannabis. Plants or seeds (2) A holder of a licence for sale to which cannabis plants or cannabis plant seeds are returned in accordance with section 292 may replace them with a quantity of cannabis plants or cannabis plant seeds, or both, that does not exceed, taking into account the seed-to-plant ratio specified in subsection 290(2), the maximum number of plants, determined in accordance with section 325, that are authorized to be under production under the client’s registration with the Minister. Processing licence (3) A holder of a licence for processing may replace cannabis products that have been returned in accordance with section 292 with cannabis products in respect of which the total quantity of cannabis, according to information provided by the holder of the licence for sale, does not exceed the applicable quantity of cannabis referred to in subsection (1) or (2). Cultivation licence (4) A holder of a licence for cultivation may replace cannabis plants or cannabis plant seeds that have been returned in accordance with section 292 with a quantity of cannabis plants or cannabis plant seeds, or both, that, according to information provided by the holder of the licence for sale, does not exceed the quantity of cannabis plants or cannabis plant seeds that could be replaced by the holder of the licence for sale under subsection (2). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Sale, Display and Promotion to Young Persons Sections 294-296 Sale, Display and Promotion to Young Persons Sale of cannabis accessories to young persons 294 A holder of a licence for sale is authorized to sell a cannabis accessory — other than a cannabis accessory referred to in section 31 of the Act or a device referred to in subsection 202(2) — to a young person if the holder takes reasonable steps to ensure that the young person is authorized to possess cannabis under section 267. Display — young persons 295 (1) A holder of a licence for sale is authorized to display a cannabis product, or a package or label of a cannabis product, in a manner that may result in the cannabis product, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267. Cannabis accessories — young persons (2) A holder of a licence for sale that sells a cannabis accessory is authorized to display it, or its package or label, in a manner that may result in the cannabis accessory, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267. Promotion of cannabis products — young persons 296 (1) A holder of a licence for sale that promotes a cannabis product by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(2)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267. Promotion of cannabis accessories — young persons (2) A holder of a licence for sale that promotes a cannabis accessory by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(3)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Reports to Minister Section 297 Reports to Minister Monthly reports 297 (1) A holder of a licence for sale must, on or before the 15th day of each month, provide the Minister with a report that contains the following information: (a) the number of clients who had a valid registration on the last day of the previous month; (b) the number of clients who, in the previous month, had their medical document transferred to another holder of a licence for sale or returned to them at their request or at the request of a named responsible adult; (c) in respect of the medical documents that formed the basis for registrations that were valid on the last day of the previous month, (i) the average daily quantity of dried cannabis, expressed in grams, (ii) the median daily quantity of dried cannabis, expressed in grams, and (iii) the highest daily quantity of dried cannabis, expressed in grams; (d) the number of applicants whom the holder refused to register during the previous month, including the number of them who were refused for each of the following reasons: (i) the application was incomplete, (ii) the holder had reasonable grounds to believe that false or misleading information was, or false or falsified documents were, provided in, or in support of, the application, and (iii) the medical document or registration certificate that formed the basis for the application was not valid; (e) the number of purchase orders referred to in subsection 289(1) that the holder refused to fill during the previous month, including the number of them that were refused for each of the following reasons: (i) the purchase order was incomplete, (ii) the client’s registration had expired or been revoked, (iii) the purchase order specified cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Reports to Minister Sections 297-298 exceeded the equivalent of 150 g of dried cannabis, and (iv) the cannabis product specified in the purchase order was unavailable; (f) the given name, surname, profession and business address of each health care practitioner who provided a medical document referred to in paragraph (c), together with the province in which the health care practitioner was authorized to practise their profession at the time they signed the document and the number assigned by the province to that authorization; and (g) the number of medical documents referred to in paragraph (c) that were signed by each health care practitioner referred to in paragraph (f). Definition of health care practitioner (2) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner. Disclosure to Third Parties Disclosure to police 298 (1) A holder of a licence for sale must, if they are provided with an individual’s given name, surname, and date of birth by a member of a Canadian police force who requests information in the course of an investigation under the Act, disclose the following information to the police force as soon as feasible and no later than 72 hours after receiving the request: (a) an indication of whether the individual is a client of the holder or a named responsible adult in respect of such a client; (b) in the case where the individual is an individual referred to in paragraph (a), (i) an indication of whether the client is a registered person and, if so, the classes of cannabis that the client is permitted to obtain by virtue of their registration with the holder, and (ii) the daily quantity of dried cannabis that is specified in the client’s registration document in accordance with subparagraph 282(2)(a)(vi). Use of information (2) Information provided under this section must be used only for the purposes of the investigation or the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Disclosure to Third Parties Sections 298-299 administration or enforcement of the Act or these Regulations. Disclosure to licensing authority 299 (1) A holder of a licence for sale must disclose, in writing and as soon as feasible, factual information about a health care practitioner — in relation to cannabis — that they have obtained under the Act or the Controlled Drugs and Substances Act to (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if the licensing authority submits to the holder a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority; or (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the holder (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and (ii) a document that shows that (A) the health care practitioner has applied to the licensing authority to practise in that province, or (B) the licensing authority has reasonable grounds to believe that the health care practitioner is practising in that province without being authorized to do so. Factual information (2) The factual information that may be requested includes information — including patient information — contained in, or in respect of, any medical document that was signed by the health care practitioner. Exception (3) Despite subsection (2), the factual information that may be requested does not include information relating to an individual who (a) is or was registered as a client of the holder on the basis of a registration with the Minister under Division 2 of this Part; or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Disclosure to Third Parties Sections 299-300 (b) in the case where the holder was a licensed producer under the former Access to Cannabis for Medical Purposes Regulations, was registered as a client of the licensed producer under section 133 of those Regulations on the basis of a registration with the Minister under Part 2 of those Regulations. Secure transmission (4) The holder must ensure that the information that they disclose under this section is securely transmitted in an electronic format that is accessible to the provincial professional licensing authority. Definition of health care practitioner (5) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner. Quarterly reports 300 (1) A provincial professional licensing authority may submit a written request to a holder of a licence for sale to obtain information, on a quarterly basis, in respect of each client who is registered with the holder on the basis of a medical document that was signed by a health care practitioner who (a) was, at the time that they signed the medical document, entitled to practise the profession regulated by the licensing authority in the province in question; and (b) was consulted in that province. Report (2) A holder that has received a request referred to in subsection (1) must, after the end of each quarter and in accordance with subsection (3), provide the provincial professional licensing authority with a report containing the following information in respect of each client referred to in subsection (1) who was validly registered at any time during the relevant quarter, together with details of any changes to the information that occurred during the quarter: (a) the client’s given name, surname and date of birth; (b) the postal code for the address that was provided under paragraph 279(2)(b), together with the province specified in the address; (c) the given name, surname and business address of the health care practitioner who signed the medical document, together with the number assigned by the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Disclosure to Third Parties Section 300 province to the health care practitioner’s authorization to practise; (d) the daily quantity of dried cannabis specified in the medical document; (e) the period of use specified in the medical document; (f) the date on which the medical document was signed by the health care practitioner; and (g) for each shipment of cannabis products that was sent or delivered during the quarter, (i) the date it was sent or delivered, (ii) the quantity of cannabis that was sent or delivered, expressed in grams, and (iii) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong. Quarterly deadlines (3) The report must be provided to the provincial professional licensing authority no later than (a) April 30 of a given year for the quarter beginning on January 1 and ending on March 31 of that year; (b) July 31 of a given year for the quarter beginning on April 1 and ending on June 30 of that year; (c) October 31 of a given year for the quarter beginning on July 1 and ending on September 30 of that year; and (d) January 31 of a given year for the quarter beginning on October 1 and ending on December 31 of the previous year. First report (4) For greater certainty, the first quarter in respect of which a report must be provided is the quarter in which the request is received from the provincial professional licensing authority. Notice (5) If the holder has no information to include in a report for a quarter, they must send a notice to that effect to the provincial professional licensing authority by the relevant deadline referred to in subsection (3). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Disclosure to Third Parties Sections 300-302 Cessation of activities (6) If the holder ceases to conduct activities, they must, despite subsection (3), provide the provincial professional licensing authority with the report for the quarter in which the activities cease within 30 days after ceasing them. Cancellation (7) The provincial professional licensing authority may, at any time, send the holder a notice cancelling the request referred to in subsection (1), in which case the final quarter in respect of which a report must be provided is the one that precedes the quarter in which the notice is received. Transmission and format (8) A holder, or former holder, that provides a report to a provincial professional licensing authority under this section must transmit it securely in an electronic format that is accessible to the licensing authority. Retention of Documents Verifications 301 (1) A holder of a licence for sale must, each time that they do verifications under subsection 281(1), retain a document that contains details of the verifications and of any measures taken under subsections 281(3) to (5). Retention period (2) The document must be retained for at least two years after the day on which it is prepared. Documents relating to registration 302 (1) A holder of a licence for sale must retain (a) each registration application that they receive under subsection 279(1), together with (i) in the case of an application that is based on a medical document, the original of the medical document or, in the case where the medical document has been returned under subsection 284(6) or 286(6) or transferred under subsection 287(1), a copy of it that includes, if applicable, the information referred to in section 288, and (ii) in the case of an application that is based on a registration certificate, the copy of the certificate; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Retention of Documents Sections 302-304 (b) a copy of each registration document that they provide under paragraph 282(2)(a) and of each updated registration document that they provide under subsection 285(4); (c) each amendment application referred to in section 285 that they receive; (d) a copy of each notice that they send or provide under subsection 284(3), (5) or (7), 286(3), (5) or (7), 290(3) or 291(3); (e) each notice referred to in paragraph 291(1)(a) or (b) that they receive; and (f) each notification referred to in paragraph 284(1)(g) or 286(1)(e) that they receive. Retention periods (2) The documents referred to in subsection (1) must be retained (a) in the case of documents referred to in paragraphs (1)(a), (c), (e) and (f), for at least two years after the day on which they are received; and (b) in the case of the copies referred to in paragraphs (1)(b) and (d), for at least two years after the day on which the registration document or notice was provided or sent. Steps — young persons 303 A holder of a licence for sale must maintain documentation as to the steps that they take to satisfy the conditions set out in sections 294 to 296 and retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, for at least two years after the day on which the licence expires or is revoked. Purchase orders 304 (1) A holder of a licence for sale must retain, in respect of each purchase order referred to in section 289 that they fill or cause to be filled, a document that contains the following information: (a) the given name, surname and date of birth of the client; (b) the given name and surname of the individual who placed the purchase order; (c) the date on which the purchase order was placed; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Retention of Documents Sections 304-305 (d) the names they have assigned to the cannabis products that are sent or delivered and the brand names; (e) the quantity of cannabis that is sent or delivered; (f) the date on which the cannabis products are sent or delivered; and (g) the address to which the cannabis products are sent or delivered. Retention period (2) The holder must retain the document — together with the relevant written purchase order or, in the case of a verbal purchase order, the record referred to in subsection 289(3) — for at least two years after the day on which the document is prepared. Communications with licensing authorities 305 (1) A holder of a licence for sale must retain (a) a copy of each notice that they provide to a provincial professional licensing authority under section 277, together with the copy that they provide to the Minister under that section; (b) in respect of each request that they receive from a provincial professional licensing authority under subsection 299(1), (i) a copy of the request, together with any supporting documentation received, (ii) a written record of the date on which the request and any documentation are received, (iii) a copy of the information that they disclose in response to the request, (iv) a written record of the date on which the information is disclosed, and (v) a written record of the steps that are taken to ensure that the information is securely transmitted to the authority; (c) a copy of each request or notice referred to in section 300 that they receive from a provincial professional licensing authority, together with a written record of the date on which it is received; (d) a copy of each report that they provide to a provincial professional licensing authority under section 300, together with a written record of the date on which it Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 1 Holders of Licence for Sale Retention of Documents Sections 305-307 is provided and the steps that are taken to ensure that it is securely transmitted; and (e) a copy of any notice that they send to a provincial professional licensing authority under subsection 300(5). Retention periods (2) The documents referred to in subsection (1) must be retained for at least two years after (a) in the case of the documents referred to in paragraph (1)(a), the day on which the notice is provided to the licensing authority; (b) in the case of the documents referred to in paragraph (1)(b), the day on which the information is disclosed to the licensing authority; (c) in the case of documents referred to in paragraph (1)(c), the day on which the request or notice is received from the licensing authority; (d) in the case of documents referred to in paragraph (1)(d), the day by which the holder is required to provide the report to the licensing authority; and (e) in the case of a notice referred to in paragraph (1)(e), the end of the quarter to which the notice relates. DIVISION 2 Registration with Minister Interpretation Adjacent land 306 For the purposes of paragraphs 312(3)(g) and 326(1)(b), a parcel of land is considered to be adjacent to another parcel of land if its boundary has at least one point in common with the boundary of the other parcel of land. General Provisions Signature and statement 307 (1) An application that is submitted under this Division must be signed and dated by the individual who is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister General Provisions Sections 307-309 submitting it and must include a statement by the individual confirming that the information included in the application is correct and complete. Responsible adult (2) If the application is signed by an adult who is responsible for the applicant, it must include a statement by the adult confirming that they are responsible for the applicant. Additional information 308 The Minister may, on receiving an application under this Division, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application. SUBDIVISION A Registration, Renewal, Amendment and Revocation Eligibility – registered person 309 (1) An individual is eligible to be a registered person only if they ordinarily reside in Canada. Eligibility – production for own medical purposes (2) An individual is eligible to produce cannabis for their own medical purposes as a registered person only if they are an adult. Prior offences (3) An individual is not eligible to produce cannabis for their own medical purposes as a registered person if, within the preceding 10 years, they have been convicted, as an adult, of (a) a sale, distribution or export offence that was committed while they were authorized to produce cannabis under this Division; (b) a designated cannabis offence that was committed while they were authorized under the Controlled Drugs and Substances Act — other than under the former Marihuana Medical Access Regulations — to produce a substance that was referred to in item 1 of Schedule II to that Act, as that item read immediately before the coming into force of subsection 204(1) of the Act; (c) a designated marihuana offence that was committed while they were authorized to produce marihuana Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Section 309 (i) under the Controlled Drugs and Substances Act, other than under the former Access to Cannabis for Medical Purposes Regulations, or (ii) by virtue of an injunction order issued by a court; or (d) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in any of paragraphs (a) to (c). Definitions (4) The following definitions apply in this section. designated cannabis offence means (a) an offence — in relation to a substance that was referred to in item 1 of Schedule II to the Controlled Drugs and Substances Act, as that item read immediately before the coming into force of subsection 204(1) of the Act — under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement au chanvre indien) designated marihuana offence means (a) an offence, in relation to marihuana, under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement à la marihuana) former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/ 2001-227. (ancien Règlement sur l’accès à la marihuana à des fins médicales) marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Controlled Drugs and Substances Act, as that Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 309-311 subitem read immediately before the coming into force of subsection 204(1) of the Act. (marihuana) sale, distribution or export offence means (a) an offence under subsection 9(1) or (2), 10(1) or (2) or 11(1) or (2) of the Act, with the exception of an offence under subsection 11(1) with respect to importation; (b) an offence under subsection 14(1) of the Act in respect of the commission of an offence referred to in paragraph (a); or (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or (b). (infraction relative à la vente, à la distribution ou à l’exportation) Single registration 310 An individual is not eligible to be registered under this Division more than once at any one time. Eligibility — designated person 311 (1) An individual is eligible to be a designated person only if they are an adult who ordinarily resides in Canada. Prior offences (2) An individual is not eligible to be a designated person if, within the preceding 10 years, they (a) have been convicted, as an adult, of a designated offence or a controlled substance offence; (b) have been convicted, as an adult, of an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in paragraph (a); (c) were a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act, in respect of an offence referred to in paragraph (a); or (d) received a sentence — for an offence they committed outside Canada when they were at least 14 years old but less than 18 years old that, if committed in Canada, would have constituted an offence referred to in paragraph (a) — that was longer than the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act for such an offence. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 311-312 Registration application 312 (1) Before registering an individual under this Division, the Minister must receive an application for registration and the original of the individual’s medical document. Basic information (2) The registration application must contain (a) the applicant’s given name, surname and date of birth; (b) unless the applicant intends to produce cannabis for their own medical purposes, either (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific place, the address, as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution, located in Canada, that provides them with food, lodging or other social services; (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph; (d) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment; (e) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant, including any adult who is signing the application; (f) an indication that the individual who is signing the application will (i) comply with the possession limit referred to in section 266 that applies to them, and (ii) if they are not the applicant, take reasonable steps to ensure that the applicant will comply with the possession limits that apply to them; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Section 312 (g) an indication of whether (i) the applicant intends to produce cannabis for their own medical purposes, (ii) cannabis is to be produced for the medical purposes of the applicant by a designated person, or (iii) cannabis will not be produced under the registration; and (h) if the applicant intends to produce cannabis for their own medical purposes, or to have it produced by a designated person, an indication that the individual who is signing the application will (i) take reasonable steps to ensure the security of the cannabis in their possession that they are authorized to produce, or that is produced for the medical purposes of the applicant, under this Division, and (ii) if they are not the applicant, ensure that the applicant takes reasonable steps to ensure the security of the cannabis in the applicant’s possession that has been produced under this Division. Production for own medical purposes (3) If the applicant intends to produce cannabis for their own medical purposes, the application must also include (a) the address of the place in Canada where they ordinarily reside, as well as, if applicable, their telephone number, facsimile number and email address; (b) if applicable, the information referred to in paragraphs (2)(c) and (d) as it relates to the place referred to in paragraph (a); (c) an indication that, within the 10 years preceding the application, they have not been convicted, as an adult, of an offence referred to in subsection 309(3); (d) an indication that they will comply with the limit on the number of cannabis plants under production, as specified in the registration certificate to be issued under subsection 313(1); (e) the full address of the site where the proposed production of cannabis plants is to be conducted; (f) an indication of whether the proposed production area is (i) entirely indoors, (ii) entirely outdoors, or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Section 312 (iii) partly indoors and partly outdoors; and (g) if there is to be any outdoor production, an indication that the site referred to in paragraph (e) is not adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons. Production by designated person (4) If cannabis is to be produced by a designated person, the application must include a declaration by the designated person that contains (a) the information referred to in paragraph (2)(a) and subparagraph (2)(b)(i) — and, if applicable, paragraphs (2)(c) and (d) — in respect of that person; (b) the information referred to in paragraphs (3)(e) to (g); (c) an indication that (i) within the 10 years preceding the day on which the declaration is made, they have not been convicted of an offence referred to in paragraph 311(2)(a) or (b) or received a sentence referred to in paragraph 311(2)(c) or (d), (ii) they will take reasonable steps to ensure the security of the cannabis in their possession that they produce under this Division, and (iii) they will comply with the limit on the number of cannabis plants under production, as specified in the document to be provided under subsection 313(3); and (d) a document, issued by a Canadian police force within the 90 days preceding the date on which the application is submitted, establishing that, within the 10 years preceding the date on which the document is issued, the designated person has not been convicted of an offence referred to in paragraph 311(2)(a) or received a sentence referred to in paragraph 311(2)(c). Signature and statement — designated person (5) The declaration must be signed and dated by the designated person and must include a statement by them confirming that the information contained in the declaration is correct and complete. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 312-313 Consent of owner (6) If the proposed site for the production of cannabis plants is not the ordinary place of residence of, and is not owned by, the applicant or, if applicable, the designated person, the application must include (a) the full name, address and telephone number of the owner of the site; and (b) a declaration, signed and dated by the site’s owner — or, if the owner is a corporation, by an authorized representative of the owner — consenting to the production of cannabis at the site. Applicant without ordinary residence (7) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant. SOR/2019-206, s. 69. Registration with Minister 313 (1) If the requirements set out in section 312 are met, the Minister must, subject to section 317, register the applicant and issue them a registration certificate. Registration certificate (2) The registration certificate must contain the following information: (a) the given name, surname and date of birth of the registered person and, if applicable, the designated person; (b) the address specified in the application under paragraph 312(2)(b) and, if applicable, the address of the place where the designated person ordinarily resides; (c) the given name, surname and date of birth of any adults who are named in the application under paragraph 312(2)(e); (d) a unique registration number; (e) the name of the health care practitioner who provided the medical document that forms the basis for the registration; (f) the daily quantity of dried cannabis, expressed in grams, that is specified in the medical document that forms the basis for the registration; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 313-314 (g) the maximum quantity of dried cannabis, expressed in grams, that the registered person is authorized to possess by virtue of the registration, as determined in accordance with subsection 266(3) or 267(3), as the case may be; (h) the effective date of the registration; (i) the date of expiry of the registration; (j) if applicable, the type of production that is authorized, namely, production by the registered person or production by a designated person; (k) if applicable, the full address of the site where the production of cannabis plants is authorized by virtue of the registration; (l) if applicable, an indication of whether the authorized production area is entirely indoors, entirely outdoors or partly indoors and partly outdoors; and (m) if applicable, the maximum number of cannabis plants, determined in accordance with section 325, that may be under production at the production site by virtue of the registration and, if applicable, the maximum number of plants for each indoor and outdoor production period. Document for designated person (3) If a designated person is named in the registration certificate, the Minister must provide them with a document containing information relating to the production of cannabis that is authorized, including the information referred to in paragraphs (2)(g) to (m) and the given name and surname of any adults who are named in the registration certificate under paragraph (2)(c). SOR/2020-149, s. 3. Expiry of registration 313.1 The registration of a registered person expires at the end of the period of validity of the medical document that forms the basis for the registration, as determined in accordance with subsections 273(4) and (5). SOR/2020-149, s. 4. Application to renew registration 314 (1) To renew a registration, the registered person, or an adult who is responsible for them, must (a) submit an application to the Minister that includes the registration number and the information and documents required under subsections 312(2) to (7); and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 314-315 (b) ensure that a new medical document is sent to the Minister. Extension of registration (2) If the Minister has received an application and medical document under subsection (1) but has not notified the applicant of the Minister’s decision in respect of the application before the current registration expires, the registration remains valid until the Minister notifies the applicant — and, in the case of a refusal to renew the registration, the designated person, if any — of the decision. Renewal (3) If a renewal application has been submitted in accordance with paragraph (1)(a) and the Minister has received a new medical document under paragraph (1)(b), the Minister must, subject to section 317, (a) renew the registration; (b) provide the registered person with a new registration certificate; and (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3). Effect of renewal (4) For greater certainty, a renewed registration replaces the previous one. Application to amend registration 315 (1) Subject to subsection (2), to amend any of the information in a registration certificate, the registered person, or an adult who is responsible for them, must submit an application to the Minister that includes (a) the registration number; (b) a description of the proposed amendment and the supporting reasons for it; (c) the information and documents referred to in section 312 that are relevant to the proposed amendment; (d) the effective date of the event that has necessitated the application; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 315-317 (e) if there has been a change to the given name or surname of an individual who is named in the registration certificate under paragraph 313(2)(a) or (c), proof of the change. New medical document (2) An amendment application cannot be submitted in respect of a new medical document. Amendment (3) If an application is submitted in accordance with subsection (1), the Minister must, subject to section 317, (a) amend the registration; (b) provide the registered person with an amended registration certificate; and (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3). Consequences of renewal or amendment 316 (1) If, as a result of the renewal or amendment of a registration, an individual ceases to be a designated person, the Minister must notify them of the loss of their authorization to produce cannabis under the registration. Change of location (2) If, as a result of a renewal or amendment, the location of the authorized site for the production of cannabis plants — or the place of residence of the registered person or designated person — is changed, the Minister may specify the period during which the registered person or, if applicable, the designated person is authorized to transport cannabis from the former site or place of residence to the new site or place of residence. Refusal to register, renew or amend 317 (1) The Minister must refuse to register an applicant or to renew or amend a registration if (a) the applicant is not eligible under subsection 309(1) or section 310; (b) the medical document that forms the basis for the application does not meet all of the requirements of section 273 or is no longer valid; (c) at the time the medical document was provided to the applicant, the individual who provided it (i) was not a health care practitioner, or Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 317-318 (ii) was not entitled to practise their profession in the province in which the applicant consulted with them; (d) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document; (e) the health care practitioner who provided the medical document notifies the Minister in writing that the use of cannabis by the applicant is no longer supported for clinical reasons; (f) the Minister has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application; (g) the registration, renewal or amendment would result in the applicant or, if applicable, the designated person being authorized to produce cannabis plants under more than two registrations; (h) the registration, renewal or amendment would result in the proposed site for the production of cannabis plants being authorized under more than four registrations; (i) in the case where the applicant intends to produce cannabis for their own medical purposes, the applicant is not eligible under subsection 309(2) or (3); and (j) in the case where cannabis is to be produced by a designated person, the individual who has been designated is not eligible under section 311. Power to refuse (2) The Minister may refuse to register an applicant or renew or amend a registration if, in the case where cannabis is to be produced by the applicant or a designated person, the registration, renewal or amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Notice and opportunity to be heard (3) Before refusing to register an applicant or refusing to amend or renew a registration, the Minister must send the applicant a written notice that sets out the reason for the proposed refusal and give them an opportunity to be heard. Revocation of registration 318 (1) The Minister must revoke a registration if Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Section 318 (a) the registered person is not eligible under section 309; (b) the designated person is not eligible under section 311; (c) the registration was issued, amended or renewed on the basis of false or misleading information or false or falsified documents; (d) the health care practitioner who provided the medical document that forms the basis for the registration notifies the Minister in writing that the use of cannabis by the registered person is no longer supported for clinical reasons; (e) the registered person — or an adult who is named in the registration certificate under paragraph 313(2)(c) — requests, in writing, that the registration be revoked; or (f) the registered person dies. Revocation of excess registrations (2) If a site for the production of cannabis plants is authorized under more than four registrations, the Minister must revoke the excess registrations. Power to revoke (3) The Minister may revoke a registration if, in the case where the registered person or designated person is authorized to produce cannabis, the Minister has reasonable grounds to believe that the revocation is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity. Conditions of revocation (4) Before revoking a registration, the Minister must (a) in the case where it is to be revoked for a reason set out in any of paragraphs (1)(a) to (d) or subsection (2) or (3), (i) send the registered person a written notice that sets out the reason for the proposed revocation, and (ii) give them an opportunity to be heard; and (b) if applicable, send the designated person a written notice of the proposed revocation. Effect of revocation (5) For greater certainty, if a registration is revoked, the activities that were Current to June 20, 2022 Last amended on October 17, 2020 previously authorized under Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION A Registration, Renewal, Amendment and Revocation Sections 318-320 Subdivision B by virtue of the registration cease to be authorized. Notice of revocation 319 (1) If a registration is revoked and the Minister is aware that the registration has formed the basis for a registration with a holder of a licence for sale under Division 1 of this Part, the Minister must provide the holder with a notice of revocation that includes the following information: (a) the given name, surname and date of birth of the individual whose registration has been revoked; (b) the registration number of the revoked registration; and (c) the date of the revocation. Requirement to notify (2) A holder of a licence for sale that is notified under subsection (1) must, if within the previous 48 hours they have asked a holder of a licence for processing or cultivation to send or deliver cannabis products to, or for, the individual whose registration has been revoked, notify the holder of the licence for processing or cultivation, in writing, without delay. Prohibition (3) A holder of a licence for processing or cultivation that is notified under subsection (2) must not send or deliver the cannabis products that they had been asked to send or deliver. SUBDIVISION B Production Definition of production site 320 (1) In this Subdivision, production site means (a) in respect of a registered person, the site, if any, for the production of cannabis plants that is specified in their registration certificate under paragraph 313(2)(k); and (b) in respect of a designated person, the site for the production of cannabis plants that is specified in the document that the person receives under subsection 313(3). Cumulative quantities (2) For greater certainty, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION B Production Sections 320-321 (a) the quantities of cannabis that a registered person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, under the Act; and (b) the quantities of cannabis that a designated person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, under the Act. Production by registered person 321 (1) A registered person who is registered to produce cannabis for their own medical purposes is, in accordance with the registration and the provisions of this Division, authorized to (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m); (b) if the production site is different from the place where the registered person ordinarily resides, (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m), and (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; and (c) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the registered person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2). Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION B Production Sections 321-322 Possession of cannabis (2) A registered person referred to in subsection (1) is authorized to possess the cannabis that they are authorized to obtain by cultivation, propagation and harvesting or to transport under that subsection. Production by designated person 322 (1) A designated person is, in accordance with the registration and the provisions of this Division, authorized to (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3); (b) if the production site is different from the place where the designated person ordinarily resides, (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3), and (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; (c) send, deliver, transport or sell to the registered person — or an adult who is named in the document that the designated person receives under subsection 313(3) — a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the equivalent of the maximum quantity of dried cannabis that is specified in the document; and (d) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the designated person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2). Parcel — requirements (2) A designated person who sends or has cannabis delivered under paragraph (1)(c) must Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION B Production Sections 322-325 (a) prepare the parcel in a manner that ensures the security of its contents, such that (i) it will not open or permit the escape of its contents during handling or transportation, (ii) it is sealed so that it cannot be opened without the seal being broken, (iii) it prevents the escape of odours associated with cannabis plant material, and (iv) it prevents the contents from being identified without it being opened; and (b) use a method that ensures the tracking and safekeeping of the parcel during transportation. Possession of cannabis (3) A designated person is authorized to (a) possess the cannabis plants and cannabis plant seeds that they are authorized to obtain by cultivation, propagation and harvesting or to transport under paragraph (1)(a), (b) or (d); and (b) possess in a public place the cannabis, other than cannabis plants or cannabis plant seeds, that they are authorized to send, deliver, transport or sell under paragraphs (1)(b) to (d). SOR/2019-206, s. 70. Participation by registered person 323 If a designated person is specified in a registration certificate, the registered person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under subsection 322(1). Former designated person 324 An individual who ceases to be a designated person may, within seven days after ceasing to be designated, conduct the activities referred to in paragraph 322(1)(c) in accordance with that paragraph unless the registration has expired or has been revoked. Maximum number of plants 325 (1) If the production area is entirely indoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula [(A × 365) ÷ (B × 3C)] × 1.2 Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION B Production Section 325 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration; B is 30 g, being the expected yield of dried cannabis per plant; and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Outdoor production only (2) If the production area is entirely outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula [(A × 365) ÷ (B × C)] × 1.3 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration; B is 250 g, being the expected yield of dried cannabis per plant; and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Indoor and outdoor production (3) If the production area is partly indoors and partly outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined (a) for the indoor production period, by the formula [(A × 182.5) ÷ (B × 2C)] × 1.2 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration, B is 30 g, being the expected yield of dried cannabis per plant, and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting; and (b) for the outdoor production period, by the formula [(A × 182.5) ÷ (B × C)] × 1.3 where Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION B Production Sections 325-327 A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration, B is 250 g, being the expected yield of dried cannabis per plant, and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Rounding (4) If the maximum number of cannabis plants determined under this section is not a whole number, it is to be rounded to the next highest whole number. Prohibition — production of plants 326 (1) An individual who is authorized to produce cannabis plants under this Division must not cultivate, propagate or harvest them (a) indoors and outdoors at the same time; or (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons. Time limit — transportation of plants (2) If the production site of an individual who is authorized to produce cannabis plants under this Division is different from the place where the individual ordinarily resides, the individual must not transport to the production site cannabis plants that were ordered in accordance with section 289 if it has been more than seven days after the individual received the plants at their place of residence. SOR/2019-206, s. 71. SUBDIVISION C Security Obligations Security of cannabis and documents 327 (1) A registered person who is authorized to produce cannabis, or for whom cannabis may be produced by a designated person, under this Division — or, if applicable, any adult who is named in the registration certificate of the registered person — must (a) take reasonable steps to ensure the security of (i) the cannabis in their possession that was produced under this Division, and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION C Security Obligations Sections 327-328 (ii) the registration certificate, if they possess it; (b) report the theft or loss of anything referred to in paragraph (a) to a police force within 24 hours after becoming aware of the theft or loss; and (c) report the theft or loss of anything referred to in paragraph (a) to the Minister, in writing, within 72 hours after becoming aware of the theft or loss and include confirmation that the requirement set out in paragraph (b) has been complied with. Designated person (2) The requirements set out in subsection (1) also apply to a designated person in respect of (a) cannabis in their possession that they produced under this Division; and (b) the document referred to in subsection 313(3). SUBDIVISION D Disclosure of Information Disclosure to licensing authorities 328 (1) At any time after receiving a medical document that forms the basis for an application under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document, the following information to the provincial professional licensing authority for the province identified in the medical document under paragraph 273(1)(b): (a) the given name, surname and business address of the health care practitioner, together with the number assigned by the province to the health care practitioner’s authorization to practise; (b) the daily quantity of dried cannabis that is specified in the medical document; and (c) the name of the province that is specified in the application under paragraph 312(2)(b). Disclosure after registration (2) At any time after registering an individual under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document that forms the basis for the registration, the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION D Disclosure of Information Sections 328-329 following information to the provincial professional licensing authority for the province identified in the document under paragraph 273(1)(b): (a) the given name, surname and date of birth of the individual who is or was registered with the Minister; (b) the postal code for the address of the place indicated in the medical document as the place where the individual ordinarily resides; (c) the period of use that is specified in the medical document; and (d) the date on which the medical document was signed by the health care practitioner. Definition of health care practitioner (3) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner. Disclosure to police 329 The Minister may disclose any of the following information to a Canadian police force, or a member of a Canadian police force, that requests the information in the course of an investigation under the Act, on condition that the information is used only for the purposes of the investigation or the administration and enforcement of the Act or these Regulations: (a) in respect of a named individual, whether the individual is a registered person, a designated person or an adult who is named in a registration certificate under paragraph 313(2)(c); (b) in respect of a specified address, whether the address is (i) the place where a registered person or designated person ordinarily resides and, if so, the name of that person and the registration number, or (ii) the site where the production of cannabis plants is authorized under a registration and, if so, the registration number, the name of the individual who is authorized to produce and, if that individual is a designated person and the registered person is an adult, the name of the registered person; and (c) in respect of a registration, (i) the given name, surname and date of birth of the registered person and, if applicable, the designated person and any adult who is named in the registration certificate under paragraph 313(2)(c), Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 2 Registration with Minister SUBDIVISION D Disclosure of Information Sections 329-331 (ii) the full address of the place where the registered person and, if applicable, the designated person ordinarily reside, (iii) the registration number, (iv) the maximum quantity of dried cannabis that the registered person is authorized to possess, as indicated in the registration certificate, (v) the effective date and date of expiry of the registration, (vi) if the registration remains valid by virtue of subsection 314(2), the status of the renewal application, (vii) the full address of the site where the production of cannabis plants is authorized, (viii) whether the authorized production area is indoors, outdoors or partly indoors and partly outdoors, and (ix) the maximum number of cannabis plants that may be produced at the production site and, if applicable, the maximum number of cannabis plants that may be produced for each indoor and outdoor production period. DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Security of cannabis products 330 A health care practitioner must, in respect of cannabis products that they possess for the practice of their profession, (a) take reasonable steps to protect them from theft or loss; and (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss. Returned cannabis products 331 (1) A health care practitioner must, if they accept cannabis products that are returned under subsection Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Sections 331-333 292(3), retain a document that contains the following information: (a) the name of the individual who is returning the cannabis products; (b) the address of the location at which the cannabis products are received; (c) the date on which they are received; (d) the quantity of cannabis that is received; and (e) a description of the cannabis products, including their brand names. Exceptions (2) The health care practitioner is not required to include the information referred to in paragraphs (1)(d) and (e) if (a) they are unable to ascertain the information without unsealing a parcel that meets the requirements of paragraph 292(4)(a) and the parcel is subsequently sent or delivered to the holder of the licence that originally sold or distributed the cannabis products to or for the client; or (b) in the case of a cannabis accessory that contains cannabis, they are unable to ascertain the information. Retention period (3) The document must be retained for at least two years after the day on which it is prepared. Former health care practitioner 332 If an individual ceases to be a health care practitioner, they must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended, (a) ensure that the document continues to be retained until the end of the retention period; and (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address. Disclosure to licensing authority 333 The Minister must disclose, in writing, factual information about a health care practitioner — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Section 333 (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if (i) the licensing authority submits to the Minister a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority, (ii) the Minister has reasonable grounds to believe that the health care practitioner has contravened, in relation to cannabis, a rule of conduct established by the licensing authority, (iii) the Minister becomes aware that the health care practitioner has been convicted of (A) a designated offence, (B) a controlled substance offence in relation to cannabis, (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or (iv) the Minister has reasonable grounds to believe that the health care practitioner has contravened this Part or the former Access to Cannabis for Medical Purposes Regulations, the former Marihuana for Medical Purposes Regulations or — in relation to cannabis — the Narcotic Control Regulations; and (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the Minister (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and (ii) a document that shows that (A) the health care practitioner has applied to the licensing authority to practise in that province, or (B) the grounds licensing authority has reasonable to believe that the health care Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Sections 333-335 practitioner is practising in that province without being authorized to do so. Definition of health care practitioner 334 In sections 335 to 337, health care practitioner means (a) an individual who is entitled under the laws of a province to practise medicine in that province; or (b) an individual who meets the requirements of paragraph (a) of the definition nurse practitioner in subsection 264(1). Notice from Minister 335 (1) The Minister must, in the circumstances set out in subsection (2), issue a notice to the persons and pharmacies specified in subsection (3) advising them, as applicable, that (a) the holders of a licence for sale and the holders of a licence for processing that receive the notice must not send cannabis products to the health care practitioner who is named in the notice; (b) any medical document that is signed by the health care practitioner who is named in the notice must not form the basis for registering a client if the medical document is signed after the day on which the notice is issued; and (c) pharmacists practising in the notified pharmacies must not distribute or sell cannabis products on the basis of a medical document signed by, or a written order issued by, the health care practitioner who is named in the notice if the medical document is signed, or the written order is issued, after the day on which the notice is issued. Circumstances — mandatory issuance (2) The notice must be issued if (a) the health care practitioner who is named in the notice has asked the Minister, in writing, to issue it; (b) the health care practitioner who is named in the notice has contravened, in relation to cannabis, a rule of conduct established by the provincial professional licensing authority for the province in which the health care practitioner is practising and the licensing authority has asked the Minister, in writing, to issue the notice; (c) the health care practitioner who is named in the notice has been convicted of Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Section 335 (i) a designated offence, (ii) a contravention of these Regulations, (iii) a controlled substance offence in relation to cannabis, (iv) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or (v) a contravention of the Narcotic Control Regulations in relation to cannabis; or (d) the health care practitioner who is named in the notice has been named in a notice issued under subsection 189(2) or (4). Recipients of notice (3) A notice that is issued under this section must be issued to (a) the health care practitioner who is named in the notice; (b) all holders of a licence for sale and holders of a licence for processing; (c) all hospital pharmacies in the province in which the health care practitioner who is named in the notice is entitled to practise and is practising; (d) the provincial professional licensing authority for the province in which the health care practitioner who is named in the notice is entitled to practise; and (e) on request, the provincial professional licensing authority for any province other than the province referred to in paragraph (d). Power to issue notice (4) The Minister may issue a notice referred to in subsection (1) if he or she has reasonable grounds to believe that the health care practitioner who is named in the notice (a) has conducted an activity referred to in section 272 other than in accordance with that section; (b) has provided a medical document, or issued a written order, that contains false or misleading information; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Sections 335-336 (c) has, on more than one occasion, provided themselves with a medical document or issued a written order for themselves, contrary to accepted medical practice; (d) has, on more than one occasion, conducted an activity referred to in section 272 in respect of their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted medical practice; or (e) is unable to account for a quantity of cannabis for which they were responsible under this Part, the Narcotic Control Regulations or the former Access to Cannabis for Medical Purposes Regulations. Preconditions (5) Before issuing a notice under subsection (4), the Minister must (a) consult with the provincial professional licensing authority for the province in which the health care practitioner to whom the notice relates is entitled to practise; (b) send to the health care practitioner a written notice that sets out the reasons why a notice is being considered and give him or her an opportunity to present reasons why the notice should not be issued; and (c) consider (i) any reasons that have been presented by the health care practitioner under paragraph (b), (ii) the compliance history of the health care practitioner in respect of the Act, the Controlled Drugs and Substances Act and the regulations made or continued under either Act, and (iii) whether the actions of the health care practitioner pose a significant risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Retraction of notice 336 (1) The Minister must retract a notice that was issued under section 335 if (a) the health care practitioner who is named in the notice has requested in writing that it be retracted; (b) the health care practitioner has provided a letter from the provincial professional licensing authority Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Health Care Practitioners Sections 336-339 for the province in which the health care practitioner is entitled to practise that states that the authority consents to the retraction of the notice; (c) in the case where the notice was issued at the request of the health care practitioner, one year has elapsed since the notice was issued; and (d) in the case where the notice was issued in the circumstance referred to in paragraph 335(2)(d), the notice that was issued under subsection 189(2) or (4) has been retracted under subsection 190(1). Requirement to notify (2) If the Minister retracts a notice issued under section 335, he or she must notify, in writing, the persons and pharmacies to which it was issued. Pharmacists Prohibitions — notified pharmacies 337 (1) A pharmacist who is practising in a pharmacy that has received a notice issued under section 335 must not distribute or sell cannabis products on the basis of a medical document signed, or a written order issued, by the health care practitioner who is named in the notice unless the medical document is signed, or the written order is issued, before the day on which the notice is issued. Prohibition — pharmacist named in notice (2) A pharmacist who is practising in a pharmacy that has received a notice issued under section 344 must not distribute or sell cannabis products to the pharmacist who is named in the notice. Effect of retraction (3) The prohibitions referred to in subsections (1) and (2) cease to apply if the notice is retracted. Prohibition — dispensing 338 A pharmacist must not use an order — including a written order — to dispense a cannabis product if the quantity of cannabis that would be dispensed, when added to the quantity of cannabis that has already been dispensed under the order, would exceed the quantity of cannabis specified in the order. Hospital pharmacists 339 (1) Subject to section 337, a pharmacist who is practising in a hospital may, if authorized by the individual in charge of the hospital, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Sections 339-340 (a) distribute, sell or return, in accordance with paragraph 348(2)(b) or subsection 348(4) or (7), cannabis products, other than cannabis plants or cannabis plant seeds, that have been received from a holder of a licence for sale or a holder of a licence for processing; or (b) distribute — but not send — or sell cannabis products, other than cannabis plants or cannabis plant seeds, to an employee of the hospital or a health care practitioner practising in the hospital, on receipt of an order, in writing, that has been signed and dated by (i) the pharmacist in charge of the hospital’s pharmacy, or (ii) a health care practitioner who is authorized by the individual in charge of the hospital to sign the order. Verification of signature (2) Before distributing or selling cannabis products under paragraph (1)(b), the pharmacist receiving the order must verify the signature on the order, if it is unknown to them. Prohibition (3) A pharmacist must not conduct the activities referred to in subsection (1) if the pharmacist has been named in a notice that has been issued under section 344 and that has not been retracted. Definition of distribute (4) In this section, distribute does not include administering. Retention of documents 340 (1) A pharmacist who receives cannabis products from a person must retain a document that contains the following information: (a) the quantity of cannabis that is received; (b) a description of the cannabis products, including their brand names; (c) the date on which the cannabis products are received; and (d) the name and mailing address of the person from which the cannabis products are received. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Section 340 Sale or distribution (2) A pharmacist who distributes or sells cannabis products on the basis of a medical document or written order must retain a document that contains the following information: (a) the pharmacist’s name or initials; (b) the name, initials and address of the health care practitioner who provided the medical document or issued the written order; (c) the name and mailing address of the individual for whom the cannabis products are distributed or sold; (d) the quantity of cannabis that is distributed or sold; (e) a description of the cannabis products, including their brand names; (f) the date on which the cannabis products are distributed or sold; and (g) the number that the pharmacist has assigned to the medical document or written order. Emergency transfer (3) A pharmacist who distributes or sells cannabis products for emergency purposes on the basis of an order made in accordance with subsection 348(4) must retain a document that contains the following information: (a) the name and address of the pharmacist or health care practitioner who signed the order; (b) the name and address of the individual to whom the cannabis products are distributed or sold; (c) the quantity of cannabis that is distributed or sold; (d) a description of the cannabis products, including their brand names; and (e) the date on which the cannabis products are distributed or sold. Return of cannabis products (4) A pharmacist who returns cannabis products must retain a document that contains the following information: (a) the name and address of the person to which the cannabis products are returned; (b) the quantity of cannabis that is returned; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Sections 340-343 (c) a description of the cannabis products, including their brand names; and (d) the date on which the cannabis products are returned. Retention period (5) The documents must be retained for at least two years after the day on which they are prepared. Former pharmacists 341 If an individual ceases to be a pharmacist, they must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended, (a) ensure that the document continues to be retained until the end of the retention period; and (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address. Security of cannabis products 342 The pharmacist in charge of a hospital’s pharmacy must, in respect of cannabis products that are on the pharmacy premises or for which the pharmacist is responsible, (a) take reasonable steps to protect them from theft or loss; and (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss. Disclosure to licensing authority 343 The Minister must disclose, in writing, factual information about a pharmacist — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to (a) the provincial professional licensing authority for a province in which the pharmacist is, or was, entitled to practise if (i) the licensing authority submits to the Minister a written request that sets out the pharmacist’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Sections 343-344 (ii) the Minister has reasonable grounds to believe that the pharmacist has contravened, in relation to cannabis, a rule of conduct established by the licensing authority, (iii) the Minister becomes aware that the pharmacist has been convicted of (A) a designated offence, (B) a controlled substance offence in relation to cannabis, (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations, or (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or (iv) the Minister has reasonable grounds to believe that the pharmacist has contravened these Regulations, the former Access to Cannabis for Medical Purposes Regulations or — in relation to cannabis — the Narcotic Control Regulations; and (b) the provincial professional licensing authority for a province in which the pharmacist is not entitled to practise if the licensing authority submits to the Minister (i) a written request that sets out the pharmacist’s name and address and a description of the information being requested, and (ii) a document that shows that (A) the pharmacist has applied to the licensing authority to practise in that province, or (B) the licensing authority has reasonable grounds to believe that the pharmacist is practising in that province without being authorized to do so. Notice from Minister 344 (1) The Minister must, in the circumstances set out in subsection (2), issue a notice to the following persons and pharmacies advising them that holders of a licence for sale, holders of a licence for processing and pharmacists practising in the notified pharmacies must not distribute or sell cannabis products to the pharmacist who is named in the notice: (a) the pharmacist who is named in the notice; (b) all holders of a licence for sale and all holders of a licence for processing; Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Section 344 (c) all hospital pharmacies in the province in which the pharmacist who is named in the notice is entitled to practise and is practising; (d) the provincial professional licensing authority for the province in which the pharmacist who is named in the notice is entitled to practise; and (e) on request, the provincial professional licensing authority for any province other than the province referred to in paragraph (d). Circumstances — mandatory issuance (2) The notice must be issued if (a) the pharmacist who is named in the notice asks the Minister, in writing, to issue the notice; (b) the pharmacist who is named in the notice has contravened, in relation to cannabis, a rule of conduct established by the provincial professional licensing authority for the province in which the pharmacist is practising and the licensing authority has asked the Minister, in writing, to issue the notice; (c) the pharmacist who is named in the notice has been convicted of an offence referred to in subparagraph 343(a)(iii); or (d) the pharmacist who is named in the notice has been named in a notice issued under subsection 181(2) or (4). Power to issue notice (3) The Minister may issue a notice referred to in subsection (1) if he or she has reasonable grounds to believe that the pharmacist who is named in the notice (a) has conducted an activity referred to in section 339 other than in accordance with that section; (b) has, on more than one occasion, distributed or sold a cannabis product to their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted pharmaceutical practice; or (c) is unable to account for a quantity of cannabis products for which they were responsible under this Part, the Narcotic Control Regulations or the former Access to Cannabis for Medical Purposes Regulations. Preconditions (4) Before issuing a notice under subsection (3), the Minister must Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Pharmacists Sections 344-345 (a) consult with the provincial professional licensing authority for the province in which the pharmacist to whom the notice relates is entitled to practise; (b) send to the pharmacist a written notice that sets out the reasons why a notice is being considered and give him or her an opportunity to present reasons why the notice should not be issued; and (c) consider (i) any reasons that have been presented by the pharmacist under paragraph (b), (ii) the compliance history of the pharmacist in respect of the Act, the Controlled Drugs and Substances Act and the regulations made or continued under either Act, and (iii) whether the actions of the pharmacist pose a significant risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Retraction of notice 345 (1) The Minister must retract a notice that was issued under section 344 if (a) the pharmacist who is named in the notice has requested in writing that it be retracted; (b) the pharmacist has provided a letter from the provincial professional licensing authority for the province in which the pharmacist is entitled to practise that states that the authority consents to the retraction of the notice; (c) in the case where the notice was issued at the request of the pharmacist, one year has elapsed since the notice was issued; and (d) in the case where the notice was issued in the circumstance referred to in paragraph 344(2)(d), the notice that was issued under subsection 181(2) or (4) has been retracted under subsection 182(1). Requirement to notify (2) If the Minister retracts a notice issued under section 344, he or she must notify, in writing, the persons and pharmacies to which it was issued. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Hospitals Sections 346-348 Hospitals Definition of distribute 346 In sections 347, 348, 350 and 351, distribute does not include administering. Security of cannabis products 347 An individual in charge of a hospital must, in respect of cannabis products that they permit to be administered, distributed or sold, (a) take reasonable steps to protect them from theft or loss; and (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss. Administration, distribution and sale 348 (1) An individual in charge of a hospital must not permit cannabis products to be administered, distributed or sold, except in accordance with this section. Hospital patients (2) An individual in charge of a hospital may permit cannabis products, other than cannabis plants and cannabis plant seeds, received from a holder of a licence for sale or a holder of a licence for processing to be (a) administered, on receipt of a medical document or written order, to an inpatient or outpatient of the hospital; or (b) distributed — but not sent — or sold, on receipt of a medical document or written order, to an individual referred to in paragraph (a) or an adult who is responsible for them. Requirements — distribution or sale (3) An individual in charge of a hospital must, if they permit cannabis products to be distributed or sold under paragraph (2)(b), ensure that (a) the quantity of cannabis that is distributed or sold does not exceed the equivalent of the lesser of (i) 30 times the daily quantity of dried cannabis that is specified in the medical document or written order, and (ii) 150 g of dried cannabis; (b) the cannabis products are distributed or sold in the container in which they were received from the Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Hospitals Section 348 holder of the licence for sale or the holder of the licence for processing; (c) a label is applied to the container in which the cannabis products were received indicating (i) the given name, surname and profession of the health care practitioner who signed the medical document or written order, (ii) the given name and surname of the patient, (iii) the daily quantity of dried cannabis that is specified in the medical document or written order, and (iv) the date on which the cannabis products are distributed or sold; (d) the patient or responsible adult is provided with the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website; and (e) the patient or responsible adult is provided with a separate document containing the information referred to in paragraph (c). Emergency purposes (4) An individual in charge of a hospital may permit cannabis products, other than cannabis plants and cannabis plant seeds, received from a holder of a licence for sale or a holder of a licence for processing to be distributed or sold for emergency purposes to an employee of or a health care practitioner in another hospital on receipt of an order, in writing, that has been signed and dated by a pharmacist in the other hospital or a health care practitioner who is authorized by the individual in charge of the other hospital to order cannabis products. Verification of signature (5) An individual in charge of a hospital must not permit cannabis products to be distributed or sold under subsection (4) unless the signature on the order has been verified by the individual who distributes or sells the cannabis products, if it is unknown to them. Distribution for research purposes (6) An individual in charge of a hospital may permit cannabis products, other than cannabis plants and cannabis plant seeds, to be distributed for research Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Hospitals Sections 348-350 purposes to an individual who is employed in a research laboratory in the hospital and who holds a licence for those purposes. Return or destruction (7) An individual in charge of a hospital may permit cannabis products to be (a) returned to the holder of the licence for sale or the holder of the licence for processing from which the cannabis products were received, on receipt of a written request for the cannabis products that has been signed and dated by, or on behalf of, the holder; or (b) distributed or sold, for destruction, to a holder of a licence for sale, or a holder of a licence for processing, that is authorized to destroy cannabis that they did not produce, sell or distribute, on receipt of a written request for the cannabis products that has been signed and dated by, or on behalf of, the holder. Possession — hospital employees 349 A hospital employee is authorized to possess cannabis products, other than cannabis plants or cannabis plant seeds, if (a) the cannabis products have been obtained in accordance with section 348 or 350; and (b) the employee requires the cannabis products for the purposes of, and in connection with, their employment. Return and replacement 350 (1) An individual to whom cannabis products are distributed or sold under paragraph 348(2)(b) may return them to a hospital employee who is authorized to distribute or sell cannabis products if the employee accepts the return. Return of more than 30 g (2) The individual returning the cannabis products must comply with the requirements set out in subsection 292(4) if they are returning more than the equivalent of 30 g of dried cannabis and are sending the cannabis products or having them delivered to the hospital. Replacement of cannabis products (3) The individual in charge of the hospital may, subject to the limit referred to in paragraph 348(3)(a), permit cannabis products that have been returned to be replaced. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Hospitals Section 351 Retention of documents 351 (1) An individual who is in charge of a hospital must ensure that documents that contain the following information are retained: (a) in respect of cannabis products that are received at the hospital, (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong and their brand names, (ii) the quantity of cannabis that is received, (iii) the name and address of the person from which the cannabis products are received, and (iv) the date on which the cannabis products are received; (b) in respect of cannabis products that are distributed or sold for a patient, (i) the given name and surname of the patient, (ii) the given name, surname and profession of the health care practitioner who signed the relevant medical document or written order, together with the date on which it was signed, (iii) the daily quantity of dried cannabis that is specified in the medical document or written order referred to in subparagraph (ii) and, if applicable, the period of use that is specified, (iv) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong, (v) the quantity of cannabis that is distributed or sold, and (vi) the date on which the cannabis products are distributed or sold; and (c) in respect of cannabis products that are distributed or sold to a person that is authorized to sell or distribute such products — other than an adult referred to in paragraph 266(1)(d) or (e) — or that are returned under subsection 348(7), (i) the name of the person to which the cannabis products are distributed, sold or returned, (ii) the date on which the cannabis products are distributed, sold or returned, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Hospitals Sections 351-353 (iii) the quantity of cannabis that is distributed, sold or returned, (iv) the brand names of the cannabis products, and (v) in the case of cannabis products that are distributed, sold or returned under subsection 348(7), the address of the person to which they are distributed, sold or returned. Retention period (2) The individual in charge of the hospital must ensure that the documents are retained for at least two years after the day on which they are prepared. Cessation of operations — hospital 352 If a hospital ceases operations, the individual who was in charge of the hospital must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended, (a) ensure that the document continues to be retained until the end of the retention period; and (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address. Nurses Disclosure to nursing statutory body 353 (1) The Minister must disclose, in writing, factual information about a nurse — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to (a) the nursing statutory body for a province in which the nurse is, or was, entitled to practise if (i) the nursing statutory body submits to the Minister a written request that sets out the nurse’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the body, (ii) the Minister has reasonable grounds to believe that the nurse has contravened, in relation to cannabis, a rule of conduct established by the nursing statutory body, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 14 Access to Cannabis for Medical Purposes DIVISION 3 Health Professionals and Hospitals Nurses Section 353 (iii) the Minister becomes aware that the nurse has been convicted of (A) a designated offence, (B) a controlled substance offence in relation to cannabis, (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or (iv) the Minister has reasonable grounds to believe that the nurse has contravened this Part, the former Access to Cannabis for Medical Purposes Regulations, the former Marihuana for Medical Purposes Regulationsor — in relation to cannabis — the Narcotic Control Regulations; and (b) the nursing statutory body for a province in which the nurse is not entitled to practise if the nursing statutory body submits to the Minister (i) a written request that sets out the nurse’s name and address and a description of the information being requested, and (ii) a document that shows that (A) the nurse has applied to the nursing statutory body to practise in that province, or (B) the nursing statutory body has reasonable grounds to believe that the nurse is practising in that province without being authorized to do so. Definitions (2) The following definitions apply in this section. nurse means an individual — other than a nurse practitioner — who is authorized by a nursing statutory body to practise nursing. (infirmier) nursing statutory body means the authority that is responsible for authorizing individuals to practise nursing in a province. (organisme régissant la profession d’infirmier) Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 15 Transitional Provisions Section 354 PART 15 Transitional Provisions Licences — former Access to Cannabis for Medical Purposes Regulations 354 A licence issued under the former Access to Cannabis for Medical Purposes Regulations, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2, and one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements, if any, in that column for that subclass. TABLE Column 1 Item Licence issued under section 35 of the former Access to Cannabis for Medical Purposes Regulations Licence authorizing the production of fresh or dried marihuana, or marihuana plants or seeds Licence authorizing the production of cannabis oil or cannabis resin Licence authorizing the activities referred to in subsection 22(4) or (5) of the former Access to Cannabis for Medical Purposes Regulations TABLEAU Colonne 1 Article 1 Colonne 2 Licence délivrée en vertu de l’article 35 de l’ancien Règlement sur l’accès au cannabis à des fins médicales Catégorie de licen Licence autorisant la production de marihuana fraîche ou séchée, ou de plantes ou de graines de marihuana Current to June 20, 2022 Last amended on October 17, 2020 Licence de culture Cannabis Regulations PART 15 Transitional Provisions Sections 354-355 Colonne 1 Article Colonne 2 Licence délivrée en vertu de l’article 35 de l’ancien Règlement sur l’accès au cannabis à des fins médicales Catégorie de licen Licence autorisant la production Licence de transfo d’huile de chanvre indien ou de résine de cannabis Licence autorisant les opérations Licence de vente visées aux paragraphes 22(4) ou (5) de l’ancien Règlement sur l’accès au cannabis à des fins médicales Licences — Narcotic Control Regulations 355 (1) A licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2 and, if applicable, one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements in that column and, despite subsections 159(1) and (4) of the Act, continues in force until December 31, 2019, unless it is revoked before that date. Licences not set out in table (2) A licence issued under section 9.2 of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, that is not set out in column 1 of the table to this section is deemed to be a licence for processing. Sale (3) The holder of a licence referred to in subsection (2) is not authorized to sell cannabis to any person unless they are authorized to do so as a condition of their licence. TABLE Column 1 Item 1 Column 2 Licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force Class of licence Licence issued under section 9.2 authorizing the cultivation of marihuana for scientific purposes Current to June 20, 2022 Last amended on October 17, 2020 Licence for resea Cannabis Regulations PART 15 Transitional Provisions Section 355 Column 1 Column 2 Licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force Class of licence Item 2 Licence issued under section 9.2 Licence for analy authorizing the obtaining of extracts from samples of cannabis for the analysis of cannabinoids Licence issued under section 9.2 Licence for proce authorizing the production, making or assembly of a test kit containing cannabis Licence issued under section 9.2 Licence for proce authorizing the production of cannabis for the purpose of conducting testing to determine its chemical characterization Licence issued under section 9.2 Cannabis drug li authorizing the possession, sale or distribution of a drug containing cannabis Licence issued under section 67 authorizing the cultivation, gathering or production of cannabis for scientific purposes Licence for resea TABLEAU Colonne 1 Article Colonne 2 Licence délivrée en vertu du Règlement sur les stupéfiants, dans sa version antérieure à la date d’entrée en vigueur du présent règlement Catégorie de licen Licence délivrée en vertu de l’article Licence de recher 9.2 autorisant la culture de marihuana à des fins scientifiques Licence délivrée en vertu de l’article Licence d’essais a 9.2 autorisant l’obtention d’extraits à partir d’échantillons de chanvre indien pour l’analyse des cannabinoïdes Licence délivrée en vertu de l’article 9.2 autorisant la production, la fabrication ou l’assemblage de nécessaires d’essai contenant du chanvre indien Licence de transfo Licence délivrée en vertu de l’article 9.2 autorisant la production de chanvre indien afin d’effectuer les Licence de transfo Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 15 Transitional Provisions Sections 355-359 Colonne 1 Article Colonne 2 Licence délivrée en vertu du Règlement sur les stupéfiants, dans sa version antérieure à la date d’entrée en vigueur du présent règlement Catégorie de licen essais nécessaires à la détermination de sa composition chimique Licence délivrée en vertu de l’article 9.2 autorisant la possession, la vente et la distribution d’une drogue contenant du chanvre indien Licence relative au du cannabis Licence délivrée en vertu de l’article 67 Licence de recher autorisant la culture, la cueillette ou la production de chanvre indien à des fins scientifiques Non-application — sections 12, 15, 23 and 38 356 (1) For a three-month period that begins on the day on which these Regulations come into force, sections 12, 15, 23 and 38 do not apply to a holder of a licence set out in column 3 of the table to section 354 or in items 1 to 4 and 6, column 2, of the table to section 355. Name of individuals to Minister (2) The holder of the licence must, within that period, provide the Minister with the names of the individuals who will be designated for the positions referred to in section 12, 15, 23 or 38, as the case may be. Quality assurance person 357 Every quality assurance person designated under paragraph 75(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a quality assurance person under subsection 19(1). Senior person in charge 358 Every senior person in charge designated under paragraph 32(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a responsible person under subsection 37(1). Security clearance 359 (1) A holder of a licence set out in column 3 of the table to section 354 or in column 2 of the table to section 355 must, within three months after the day on which these Regulations come into force, Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 15 Transitional Provisions Sections 359-361 (a) provide the Minister with the name and position of any individual who does not hold a security clearance, but is required to do so under section 50; and (b) ensure that any individual referred to in paragraph (a) submits an application for a security clearance. Non-application — section 50 (2) An individual referred to in paragraph (1)(a) who is not ineligible to apply for a security clearance by virtue of section 61 is not required to comply with section 50 until the occurrence of one of the following events: (a) the three-month period that begins on the day on which these Regulations come into force expires without the individual having submitted an application for a security clearance; (b) the Minister grants a security clearance to the individual; (c) the individual is notified under subsection 55(2) that the Minister has refused to grant the security clearance; or (d) the individual withdraws their application for the security clearance before the Minister makes a decision in respect of it. Packaging and labelling 360 For a six-month period that begins on the day on which these Regulations come into force, section 106 does not apply to a holder of a licence for sale for medical purposes, as set out in item 3, column 3, of the table to section 354, that sells, sends or delivers a cannabis product under section 289 or 291, if the holder complies with sections 80 to 86 and sections 90 and 91 of the former Access to Cannabis for Medical Purposes Regulations and the sale of that cannabis product would have been permitted under those Regulations. Individual in charge of premises 361 (1) Every individual in charge of the premises to which a licence that is referred to in item 5, column 1, of the table to section 355 applies is deemed to be a senior person in charge under section 149. Qualified person in charge (2) Every qualified person in charge designated under paragraph 8.3(1)(a) of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, by a holder of a licence referred to in item 5, column 1, of the table to section 355 is Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 15 Transitional Provisions Sections 361-365 deemed to be the qualified person in charge under subsection 150(1). Alternate qualified person in charge (3) Every alternate qualified person in charge designated under to paragraph 8.3(1)(b) of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, by a holder of a licence referred to in item 5, column 1, of the table to section 355 is deemed to be an alternate qualified person in charge under subsection 150(2). Registration document 362 For a six-month period that begins on the day on which these Regulations come into force, paragraph 282(2)(a) does not apply to a holder of a licence for sale for medical purposes, as set out in item 3, column 3, of the table to section 354, that registers an applicant as a client, if the holder complies with section 87 and paragraph 133(2)(a) of the former Access to Cannabis for Medical Purposes Regulations. Exemptions — Controlled Drugs and Substances Act 363 Despite subsection 156(1) of the Act, an exemption referred to in that subsection that expires before December 31, 2018 continues in force until December 31, 2018, unless it is revoked before that date. Retention — Controlled Drugs and Substances Act 364 A person referred to in section 157 of the Act must (a) ensure that any record, report, electronic data or other document referred to in that section is retained until the end of the applicable retention period imposed under the Controlled Drugs and Substances Act; and (b) if the person is or was the holder of a licence that was issued under the Controlled Drugs and Substances Act, notify the Minister, in writing, of any change to the address of the location at which the document is retained. Extension of time for compliance 365 For the purposes of subsection 241(1), the information that the holder of a licence that is deemed by section 354 or 355 to be a licence for cultivation, processing or sale would otherwise be required to include in the record referred to in that subsection in the first 90 days after the day on which these Regulations come into force is not required to be included until the 91st day after that day. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 16 Consequential Amendments and Coming into Force Sections 366-375 PART 16 Consequential Amendments and Coming into Force Consequential Amendments Food and Drug Regulations 366 [Amendment] 367 [Amendment] 368 [Amendment] 369 [Amendment] 370 [Amendment] Medical Devices Regulations 371 [Amendment] Natural Health Products Regulations 372 [Amendment] Cannabis Exemption (Food and Drugs Act) Regulations 373 [Amendment] Cannabis Regulations 374 [Amendment] Coming into Force S.C. 2018, c. 16. 375 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations PART 16 Consequential Amendments and Coming into Force Coming into Force Section 375 Bill C-74 (2) If Bill C-74, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2018, No. 1, has not received royal assent on the day on which these Regulations are in force, then paragraphs 29(b), 30(c), 31(d), 155(c), 156(b) and 157(d) of these Regulations come into force on the day on which Bill C-74 receives royal assent. Six months after registration (3) Section 102 comes into force on the day that, in the sixth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month. S.C. 2012, c. 24. (4) Section 374 comes into force on the day on which section 90 of the Safe Food for Canadians Act comes into force. [Note: Regulations, except sections 102 and 374, in force October 17, 2018, see SI/2018-52; section 102 in force December 27, 2018; section 374 in force January 15, 2019, see SI/2018-39.] * Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2019-206, s. 72 Words and expressions 72 Words and expressions used in sections 73 to 81 have the same meaning as in the Cannabis Regulations. — SOR/2019-206, s. 73 Exemption — cannabis oil 73 (1) A holder of a licence for processing or a licence for sale is — in respect of their activities in relation to cannabis oil, including in respect of an ingredient and anything that will be used as an ingredient — exempt from the application of the Cannabis Regulations if (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and (b) the holder conducts the activities in accordance with the Cannabis Regulations as they read immediately before the day on which this section comes into force. Exemption — sale or distribution (2) A person, other than a holder of a licence referred to in subsection (1), that is authorized to sell cannabis is — in respect of the sale or distribution of cannabis oil that they obtain, directly or indirectly, from a holder referred to in subsection (1) that meets the conditions set out in that subsection — exempt from the application of the Cannabis Regulations if the person complies with those Regulations as they read immediately before the day on which this section comes into force. Packaging and labelling (3) A person that is authorized to sell cannabis oil is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis oil is packaged and labelled in accordance with the Cannabis Regulations as they read immediately before the day on which this section comes into force. Cessation of effect (4) This section ceases to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS — SOR/2019-206, s. 74 Exemption — section 79 74 A holder of a licence that, before the day on which this section comes into force, initiated or completed any activity in relation to the production, packaging, labelling, storing, sampling or testing of dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds in accordance with Part 5 of the Cannabis Regulations as they read immediately before the day on which this section comes into force is exempt from the application of section 79 of the Cannabis Regulations if (a) the licence holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and (b) from the day on which this section comes into force, the licence holder conducts all remaining activities in relation to the production, packaging, labelling, storing, sampling or testing of such cannabis in accordance with Part 5 of the Cannabis Regulations. — SOR/2019-206, s. 75 Exemption — dried and fresh cannabis 75 (1) Dried cannabis or fresh cannabis is exempt from the application of subsection 93(3) of the Cannabis Regulations if the dried cannabis or fresh cannabis meets the requirements of subsection 94(1) of those Regulations as they read immediately before the day on which this section comes into force. Cessation of effect (2) This section ceases to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. — SOR/2019-206, s. 76 Exemption — more than one immediate container 76 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of paragraph 122.4(1)(c) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS Exemption — holder of licence (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 122.4(1)(c). Exemption — other person (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 122.4(1)(c). Cessation of effect (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. — SOR/2019-206, s. 77 Exemption — health warning messages 77 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of paragraph 123(1)(e) of the Cannabis Regulations, if: (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; (b) one of the following health warning messages is included on the label that is applied to any container in which the cannabis product is packaged: (i) in the case of dried cannabis or a cannabis accessory that contains dried cannabis, one of the health warning messages set out in Part 1 of the document entitled Cannabis Health Warning Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS Messages, as it read immediately before the coming into force of this section, or (ii) in any other case, one of the health warning messages set out in Part 2 of that document, as it read immediately before the coming into force of this section; and (c) the health warning messages referred to in paragraph (b) are displayed in rotation on each type of container of each brand name of the cannabis product that is packaged in a year, so that each health warning message is displayed, to the extent possible, on equal numbers of containers of that product. Exemption — holder of licence (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(e). Exemption — other person (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(e). Cessation of effect (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. — SOR/2019-206, s. 78 Exemption — statement on quantity of cannabis 78 (1) A holder of a licence is — in respect of their activities in relation to fresh cannabis or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS from the application of paragraph 123(1)(g) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities. Exemption — holder of licence (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell fresh cannabis or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(g). Exemption — other person (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell fresh cannabis or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(g). Cessation of effect (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. — SOR/2019-206, s. 79 Exemption — labelling for dried cannabis and fresh cannabis 79 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis or fresh cannabis that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of sections 124, 124.1 and 125 of the Cannabis Regulations if (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS (b) the holder conducts the activities in accordance with sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force. Exemption — holder of licence (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis or fresh cannabis that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with (a) sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force; (b) sections 72 to 81, as applicable; and (c) the Cannabis Regulations, other than sections 124, 124.1 and 125. Exemption — other person (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis or fresh cannabis that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with (a) sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force; (b) sections 72 to 81, as applicable; and (c) the Cannabis Regulations, other than sections 124, 124.1 and 125. Cessation of effect (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS — SOR/2019-206, s. 80 Exemption — size of brand element 80 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of subparagraph 130(9)(d)(ii) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities. Exemption — holder of licence (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 130(9)(d)(ii). Exemption — other person (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than subparagraph 130(9)(d)(ii). Cessation of effect (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month. — SOR/2019-206, s. 81 Activities prior to coming into force 81 (1) It is prohibited for a holder of a licence to sell, distribute or export a cannabis extract, a cannabis topical or edible cannabis — or a cannabis accessory that contains any of these — that was produced, packaged, labelled, stored, sampled or tested before the day on which Current to June 20, 2022 Last amended on October 17, 2020 Cannabis Regulations RELATED PROVISIONS this section comes into force, unless at the time it was produced, packaged, labelled, stored, sampled or tested (a) the applicable requirements set out in Parts 5, 6 and 11 of the Cannabis Regulations were met; and (b) the requirements set out in subsections 19(1) and (1.1) of the Cannabis Regulations were met. Application (2) Subsection (1) applies to the cannabis extract, cannabis topical or edible cannabis — or the cannabis accessory that contains any of these — whether it is a cannabis product or not. Current to June 20, 2022 Last amended on October 17, 2020

CONSOLIDATION Critical Habitat of the Cerulean Warbler (Setophaga cerulea) Order SOR/2022-97 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 Critical Habitat of the Cerulean Warbler (Setophaga cerulea) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2022-97 May 6, 2022 SPECIES AT RISK ACT Critical Habitat of the Cerulean Warbler (Setophaga cerulea) Order Whereas the Cerulean Warbler (Setophaga cerulea) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; Therefore, the Minister of the Environment makes the annexed Critical Habitat of the Cerulean Warbler (Setophaga cerulea) Order under subsections 58(4) and (5) of the Species at Risk Acta. Gatineau, May 5, 2022 Le ministre de l’ Steven G Minister of the a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Cerulean Warbler (Setophaga cerulea) — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — that is located on federal lands within Gatineau Park. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Camp Ipperwash Indian Settlement Remission Order, 2003 SI/2003-133 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 Camp Ipperwash Indian Settlement Remission Order, 2003 1 Interpretation Application PART 1 Income Tax 3 Interpretation Remission of Income Tax PART 2 Goods and Services Tax 5 Interpretation Remission of the Goods and Services Tax Conditions SCHEDULE Current to June 20, 2022 ii Registration SI/2003-133 July 2, 2003 FINANCIAL ADMINISTRATION ACT Camp Ipperwash Order, 2003 P.C. 2003-989 Indian Settlement Remission June 18, 2003 Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Camp Ipperwash Indian Settlement Remission Order, 2003. a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022 Camp Ipperwash Indian Settlement Remission Order, 2003 Interpretation 1 The following definitions apply in this Order. band has the same meaning as in subsection 2(1) of the Indian Act. (bande) Indian has the same meaning as in subsection 2(1) of the Indian Act. (Indien) Indian Settlement means the settlement named, and constituting the lands described, in the schedule. (établissement indien) reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve) Application 2 This Order applies in respect of the Indian Settlement until lands constituting that Indian settlement are set apart as a reserve by an order of the Governor in Council. PART 1 Income Tax Interpretation 3 In this Part, (a) tax means a tax imposed under Part I, I.1 or I.2 of the Income Tax Act; and (b) all other words and expressions not otherwise defined in section 1 have the same meaning as in the Income Tax Act. Remission of Income Tax 4 Remission is hereby granted to an Indian, or a band, with income situated on the Indian Settlement, in respect of each taxation year or fiscal period beginning during or after the calendar year 1985, of the amount, if any, by which Current to June 20, 2022 Camp Ipperwash Indian Settlement Remission Order, 2003 PART 1 Income Tax Remission of Income Tax Sections 4-7 (a) the taxes, interest and penalties paid or payable by the Indian or band, as the case may be, for the taxation year or fiscal period exceed (b) the taxes, interest and penalties that would have been payable by that Indian or band for the taxation year or fiscal period if the Indian Settlement had been a reserve throughout that taxation year or fiscal period. PART 2 Goods and Services Tax Interpretation 5 In this Part, (a) tax means the goods and services tax imposed under subsection 165(1) of the Excise Tax Act; and (b) all other words and expressions not otherwise defined in section 1 have the same meaning as in Part IX of the Excise Tax Act. Remission of the Goods and Services Tax 6 Subject to sections 7 and 8, remission is hereby granted to an Indian or a band that is the recipient of a taxable supply made on or delivered to the Indian Settlement on or after the day on which this Order comes into force in the case of an Indian, and January 1, 1991 in the case of a band, of the amount, if any, by which (a) the tax paid or payable by the recipient exceeds (b) the tax that would have been payable by the recipient if the Indian Settlement had been a reserve at the time the supply was made or delivered. Conditions 7 Remission granted to an Indian under section 6 is on condition that Current to June 20, 2022 Camp Ipperwash Indian Settlement Remission Order, 2003 PART 2 Goods and Services Tax Conditions Sections 7-8 (a) the tax paid or payable has not otherwise been rebated, credited, refunded or remitted under Part IX of the Excise Tax Act or under the Financial Administration Act; and (b) in respect of tax paid, a written claim for the remission is made to the Minister of National Revenue within two years after the day on which the tax was paid. 8 Remission granted to a band under section 6 is on condition that (a) the tax paid or payable has not otherwise been rebated, credited, refunded or remitted under Part IX of the Excise Tax Act or under the Financial Administration Act; (b) in respect of tax paid on or after January 1, 1991 but before the day on which this Order comes into force, a written claim for the remission is made to the Minister of National Revenue within two years after the day on which this Order comes into force; and (c) in respect of tax paid on or after the day on which this Order comes into force, a written claim for the remission is made to the Minister of National Revenue within two years after the day on which the tax was paid. Current to June 20, 2022 Camp Ipperwash Indian Settlement Remission Order, 2003 SCHEDULE SCHEDULE (Section 1) Settlement Legal Description of Settlement Lands Camp Ipperwash Those lands in the Township of Bosanquet, County of Lambton, Province of Ontario, more particularly described as follows: Part of Lots 1 and 2, all of Lots 3 to 7 inclusive, Concession A; Part of Lots 1 and 2, all of Lots 3 to 8 inclusive, Concession B; Part of Lots 1 and 2, all of Lots 3 to 8 inclusive, Concession C; Part of Lots 1, 2 and 8, all of Lots 3 to 7 inclusive, Concession D. All according to Registered Plan No. 23, and designated as Part 1 on a plan deposited in the Land Registry Office for the Registry Division of Lambton (No. 25) as Plan 25R-3072. Save and except part of Lots 4, 5 and 6, Concession A, and road allowances, all according to Registered Plan No. 23, and designated as Part 5 on a plan deposited in the Land Registry Office for the Registry Division of Lambton (No. 25) as Plan 25R-3320. Current to June 20, 2022

CONSOLIDATION Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations SOR/2013-48 Current to June 20, 2022 Last amended on March 16, 2020 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. The last amendments came into force on March 16, 2020. 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 Last amended on March 16, 2020 TABLE OF PROVISIONS Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations Interpretation 1 Definitions PART 1 Banks and Authorized Foreign Banks 2 Contact information for Agency Information regarding complaint procedures Information regarding complaints PART 2 External Complaints Bodies 5 Purpose Approval — reputation Maintaining approval Information relating to external complaints body Information relating to complaints Notice of transfer of membership PART 3 Obligation Regarding Information 11 Language Repeals Coming into Force 14 September 2, 2013 Current to June 20, 2022 Last amended on March 16, 2020 ii Registration SOR/2013-48 March 21, 2013 BANK ACT Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations P.C. 2013-307 March 21, 2013 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 455(4)a, 455.01(3)b and 456(1)c, section 459.4d, subsections 573(4)e and 574(1)f, section 576.2g and subsection 978(1)h of the Bank Acti, makes the annexed Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations. a S.C. 2007, c. 6, s. 32 b S.C. 2010, c. 25, s. 147 c S.C. 2012, c. 5, s. 45 d S.C. 2012, c. 5, s. 51 e S.C. 2007, c. 6, s. 90 f S.C. 2012, c. 5, s. 69 g S.C. 2012, c. 5, s. 72 h S.C. 2005, c. 54, s. 135 i S.C. 1991, c. 46 Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. Act means the Bank Act. (Loi) complaint means a complaint that is made by a person (a) to a bank or an authorized foreign bank about a product or service that was requested or received by the person from the bank or authorized foreign bank; or (b) to an external complaints body about a product or service that was requested or received by the person from a member of that body. (réclamation) external complaints body means an external complaints body that is approved by the Minister under subsection 455.01(1) of the Act. (organisme externe de traitement des plaintes) member means a bank or an authorized foreign bank whose request for membership is accepted by an external complaints body, permitting the bank or authorized foreign bank to have access to the services of the external complaints body in connection with complaints made to that body. (membre) PART 1 Banks and Authorized Foreign Banks Contact information for Agency 2 (1) For the purposes of subsections 455(4), 456(1), 573(4) and 574(1) of the Act, the prescribed information on how to contact the Agency is the following: (a) at its office at 427 Laurier Ave. West, 6th Floor, Ottawa, Ontario K1R 1B9; or (b) through its website at www.fcac-acfc.gc.ca. Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations PART 1 Banks and Authorized Foreign Banks Sections 2-4 Manner of providing information (2) For the purposes of subsections 456(1) and 574(1) of the Act, the prescribed manner for a bank or an authorized foreign bank to provide the information is (a) in a brochure, statement of account or written statement that contains other information that is required to be disclosed under the Act in respect of an arrangement referred to in subsection 452(3) or 570(3) of the Act, a payment, credit or charge card, the cost of borrowing or any other obligation of the bank or authorized foreign bank under a consumer provision; or (b) in a separate document. Information regarding complaint procedures 3 A bank or an authorized foreign bank must inform a person who makes a complaint to it about the procedures that it has established under paragraph 455(1)(a) or 573(1)(a) of the Act for dealing with complaints and must provide the person with any information that is necessary to enable them to meet the requirements of those procedures. Information regarding complaints 4 A bank or an authorized foreign bank must make the following information available to the public on an annual basis: (a) the number of complaints that were dealt with by the officer or employee designated by the bank or authorized foreign bank to deal with complaints who holds the most senior position identified for that purpose in the procedures established by the bank or authorized foreign bank; (b) the average length of time taken by that officer or employee to deal with the complaints; and (c) the number of complaints that, in the opinion of the bank or authorized foreign bank, were resolved by that officer or employee in accordance with those procedures to the satisfaction of the persons who made the complaints. Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations PART 2 External Complaints Bodies Sections 5-7 PART 2 External Complaints Bodies Purpose 5 The purpose of this Part is to enhance the process for dealing with complaints under the Act by establishing a scheme for external complaints bodies that are accessible, accountable, impartial and independent and that discharge their functions and perform their activities in a transparent, effective, timely and cooperative manner. Approval — reputation 6 (1) A body corporate that applies for approval under subsection 455.01(1) of the Act must have a reputation for being operated in a manner that is consistent with the standards of good character and integrity. Policies, procedures and terms of reference (2) Before it applies for approval, the body corporate must have policies and procedures, and terms of reference to govern its functions and activities as an external complaints body, that would enable it to meet the conditions that are set out in section 7. Maintaining approval 7 Every body corporate that is approved by the Minister as an external complaints body must, as conditions of maintaining that approval, (a) maintain a reputation for being operated in a manner that is consistent with the standards of good character and integrity; (b) make its services as an external complaints body available across Canada in both official languages and offer those services free of charge to persons who make complaints to it; (c) ensure that every person who acts on its behalf in connection with a complaint is impartial and independent of the parties to the complaint; (d) accept as a member any bank or authorized foreign bank that makes a request to it for membership; (e) if a person has made a complaint to it in respect of a bank or an authorized foreign bank that is a member of another external complaints body, provide the person with the name of that other body and its contact information; Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations PART 2 External Complaints Bodies Section 7 (f) if it determines that all or part of a complaint is outside its terms of reference, provide the person who made the complaint with written reasons for that determination within 30 days after the day on which it receives the complaint; (g) transfer a complaint received by it and all related information that is in its possession or control to another external complaints body if a bank or an authorized foreign bank that is a party to the complaint becomes a member of that other body before a final recommendation is made in respect of the complaint; (h) advise the parties to a complaint that is transferred to it by another external complaints body in writing (i) that a bank or an authorized foreign bank that is a party to the complaint has become a member of the body corporate, and (ii) that the complaint has been transferred to it; (i) advise the Commissioner in writing if it determines that a complaint raises a systemic issue; (j) inform the parties to a complaint about its terms of reference and procedures for dealing with complaints and, on request, provide them with any further information and assistance necessary to enable them to understand the requirements of those terms of reference and procedures; (k) deal with complaints in a manner that affects only the parties to them; (l) make a final written recommendation to the parties no later than 120 days after the day on which the information that it requires to deal with the complaint, as set out in its terms of reference and procedures, is complete; (m) consult at least once a year with its members, and with persons who have made complaints to it since the previous consultation, with respect to the discharge of its functions and performance of its activities as an external complaints body; (n) submit an annual report to the Commissioner on the discharge of its functions and performance of its activities as an external complaints body, which includes (i) a summary of the results of any consultation with its members and with persons who have made complaints to it, Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations PART 2 External Complaints Bodies Sections 7-8 (ii) in respect of each of its members, the number of complaints that it received, the number of complaints that it determined were within its terms of reference, the number of final recommendations that it made and the number of complaints that, in its opinion, were resolved to the satisfaction of the persons who made them, and (iii) the average length of time taken to deal with complaints; (o) make the annual report available to the public after it is submitted to the Commissioner; (p) submit every five years to an evaluation of the discharge of its functions and performance of its activities as an external complaints body that is conducted by a third party in accordance with terms of reference established by the body corporate in consultation with the Commissioner; and (q) make information available to the public about (i) its constitution and governance and the identity of its members, (ii) the terms of reference that govern its functions and activities as an external complaints body, (iii) all sources of funding for its functions and activities as an external complaints body, including the fees charged to each of its members for its services and the method of calculating those fees, and (iv) the results of the most recent five-year evaluation. SOR/2020-47, s. 24. Information relating to external complaints body 8 (1) A bank or an authorized foreign bank must display and make available to the public at all of its branches and points of service where products or services are offered in Canada, and on every website through which products or services are offered in Canada, copies of a written statement disclosing the name of the external complaints body of which it is a member and with which it must cooperate and the contact information for that body. Current to June 20, 2022 Last amended on March 16, 2020 Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations PART 2 External Complaints Bodies Sections 8-14 Definition of point of service (2) In this section, point of service means a physical location to which the public has access and at which a bank or an authorized foreign bank carries on business with the public and opens or initiates the opening of retail deposit accounts through natural persons in Canada. Information relating to complaints 9 A bank or an authorized foreign bank must provide the external complaints body of which it is a member with all information in its possession or control that relates to a complaint after the external complaints body notifies it that the complaint has been received in respect of it. SOR/2020-47, s. 25. Notice of transfer of membership 10 A bank or an authorized foreign bank must give the Commissioner and the external complaints body of which it is a member written notice of a request, or an intention to make a request, to become a member of another external complaints body at least 90 days before the day on which it becomes a member of that other body. PART 3 Obligation Regarding Information Language 11 All information that is provided under these Regulations by a body corporate, a bank or an authorized foreign bank must be in language that is clear, simple and not misleading. Repeals 12 [Repeal] 13 [Repeal] Coming into Force September 2, 2013 14 These Regulations September 2, 2013. Current to June 20, 2022 Last amended on March 16, 2020 come into force on Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2021-181, par. 122 (m) 122 The following Regulations are repealed: (m) the Complaints (Banks, Authorized Foreign Banks and External Complaints Bodies) Regulations24. SOR/2013-48 Current to June 20, 2022 Last amended on March 16, 2020

CONSOLIDATION Canada Deposit Insurance Corporation Application for Deposit Insurance By-law [Repealed, SOR/2006-236, s. 18] Current to June 20, 2022 Last amended on September 28, 2006 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. The last amendments came into force on September 28, 2006. 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 Last amended on September 28, 2006 TABLE OF PROVISIONS By-Law Prescribing the Form of the Application for Deposit Insurance With the Canada Deposit Insurance Corporation Current to June 20, 2022 Last amended on September 28, 2006 ii

CONSOLIDATION Children’s Jewellery Regulations SOR/2018-82 Current to June 20, 2022 Last amended on November 2, 2018 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. The last amendments came into force on November 2, 2018. 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 Last amended on November 2, 2018 TABLE OF PROVISIONS Children’s Jewellery Regulations Interpretation 1 Definitions Requirements 2 Lead content Cadmium content Repeal Coming into Force *5 Six months after publication SCHEDULE Small Parts Cylinder Current to June 20, 2022 Last amended on November 2, 2018 ii Registration SOR/2018-82 April 23, 2018 CANADA CONSUMER PRODUCT SAFETY ACT Children’s Jewellery Regulations P.C. 2018-436 April 20, 2018 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37a of the Canada Consumer Product Safety Actb, makes the annexed Children’s Jewellery Regulations. a S.C. 2016, c. 9, s. 67 b S.C. 2010, c. 21 Current to June 20, 2022 Last amended on November 2, 2018 Children’s Jewellery Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. children’s jewellery means jewellery that is manufactured, sized, decorated, packaged, advertised or sold in a manner that appeals primarily to children under 15 years of age but does not include merit badges, medals for achievement or other similar objects normally worn only occasionally. (bijoux pour enfants) good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire) Requirements Lead content 2 Children’s jewellery, when tested using good laboratory practices, must not contain more than 90 mg/kg of lead. Cadmium content 3 Children’s jewellery, when tested using good laboratory practices, must not contain more than 130 mg/kg of cadmium if the jewellery item is small enough to be totally enclosed in the small parts cylinder illustrated in the schedule when a force of not more than 4.45 N is applied. Repeal 4 The Children’s Jewellery Regulations1 are repealed. 1 SOR/2016-168 Current to June 20, 2022 Last amended on November 2, 2018 Children’s Jewellery Regulations Coming into Force Section 5 Coming into Force Six months after publication 5 These Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month. * * [Note: Regulations in force November 2, 2018.] Current to June 20, 2022 Last amended on November 2, 2018 Children’s Jewellery Regulations SCHEDULE Small Parts Cylinder SCHEDULE (Section 3) Small Parts Cylinder Current to June 20, 2022 Last amended on November 2, 2018

CONSOLIDATION Regulation Adapting the Canada Elections Act for the Purposes of a Referendum [Repealed, SOR/2010-20] Current to June 20, 2022 Last amended on February 2, 2010 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. The last amendments came into force on February 2, 2010. 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 Last amended on February 2, 2010 TABLE OF PROVISIONS Canada Elections Act as Adapted for the Purposes of a Referendum Current to June 20, 2022 Last amended on February 2, 2010 ii

CONSOLIDATION Conversion from Analog to Digital Television Regulations SOR/2011-65 Current to June 20, 2022 Last amended on April 1, 2011 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. The last amendments came into force on April 1, 2011. 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 Last amended on April 1, 2011 TABLE OF PROVISIONS Conversion from Analog to Digital Television Regulations 1 Interpretation Application Public Service Announcements Other Means of Information Cessation of Obligation Coming into Force SCHEDULE Public Service Announcements Current to June 20, 2022 Last amended on April 1, 2011 ii Registration SOR/2011-65 March 10, 2011 BROADCASTING ACT Conversion from Regulations Analog to Digital Television Whereas, pursuant to subsection 10(3) of the Broadcasting Acta, a copy of the proposed Conversion from Analog to Digital Television Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on December 18, 2010 and a reasonable opportunity was afforded to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations; Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Acta, hereby makes the annexed Conversion from Analog to Digital Television Regulations. Gatineau, Quebec, March 4, 2011 ROBERT A. MORIN Secretary General Canadian Radio-television and Telecommunications Commission a S.C. 1991, c. 11 Current to June 20, 2022 Last amended on April 1, 2011 Conversion from Analog to Digital Television Regulations Interpretation 1 The following definitions apply in these Regulations. broadcast day, in respect of a licensee, means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee. (journée de radiodiffusion) licensed means licensed by the Commission under paragraph 9(1)(b) of the Broadcasting Act. (autorisé) licensee means a station operator or network operator who is authorized to operate an analog transmitter with a power greater than 50 watts on the VHF band or greater than 500 watts on the UHF band. (titulaire) network operator means a person who is licensed to operate a television network. (exploitant de réseau) programming means anything that is broadcast but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text. (programmation) station means a television programming undertaking that transmits sounds and images or a broadcasting transmitting undertaking that transmits sounds and images but does not include a broadcasting undertaking that only rebroadcasts the radiocommunications of another licensed broadcasting undertaking. (station) station operator means a person who is licensed to operate a station. (exploitant de station) Application 2 These Regulations apply to every licensee (a) that operates in markets that have populations of 300,000 persons or more; (a.1) that operates in markets that include the national capital or a provincial capital; Current to June 20, 2022 Last amended on April 1, 2011 Conversion from Analog to Digital Television Regulations Application Sections 2-4 (b) that operates in markets that are served by more than one television station; or (c) whose programming is broadcast on channels 52 to 69 in any market. SOR/2011-105, s. 1. Public Service Announcements 3 (1) Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, broadcast a public service announcement at least six times per broadcast day, increasing to eight times per broadcast day beginning on August 1, 2011 or one month before the licensee ceases to broadcast in analog or changes channel, whichever is sooner. (2) At least 25% of the required announcements per broadcast day must be broadcast between 7:00 p.m. and 11:00 p.m. (3) The broadcast announcements must (a) have a duration of at least 30 consecutive seconds; (b) contain the information set out in the schedule; and (c) be closed captioned and contain audio description of on-screen information. (4) A licensee may use a crawl to fulfil up to 25% of their obligations under this section. (5) A crawl must not be used during the broadcast of programming that contains audio description of onscreen information or described video. SOR/2011-105, s. 2. Other Means of Information 4 Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, post and keep posted on their website (a) the information regarding the conversion that is set out in the schedule; (b) a description of the steps that an over-the-air viewer may need to take to continue receiving and viewing the station’s over-the-air programming after the conversion; Current to June 20, 2022 Last amended on April 1, 2011 Conversion from Analog to Digital Television Regulations Other Means of Information Sections 4-6 (c) the channel on which the station will broadcast after the conversion; (d) as soon as they are known, the date and time that the station will cease broadcasting in analog; (e) as soon as they are known, the date and time that the station will begin or began broadcasting on the post-conversion channel referred to in paragraph (c); and (f) if applicable, a description of the discrete geographic areas where a loss of service is likely to occur. SOR/2011-105, s. 3. Cessation of Obligation 5 A licensee’s obligation to broadcast and post public service announcements ceases when the licensee completes their conversion and shuts off their analog transmitter. Coming into Force 6 These Regulations come into force on April 1, 2011. Current to June 20, 2022 Last amended on April 1, 2011 Conversion from Analog to Digital Television Regulations SCHEDULE Public Service Announcements SCHEDULE (Paragraphs 3(3)(b) and 4(a)) Public Service Announcements A public service announcement must contain the following information: (a) a statement to the effect that the Canadian television system is in the process of converting its over-the-air transmitters from analog to digital; (b) if applicable, a statement to the effect that some viewers may experience a loss of service following the conversion; (c) a statement to the effect that only those viewers who receive the signal directly over the air may be impacted by the conversion; (d) a statement to the effect that an over-the-air viewer may need to take steps to continue receiving and viewing the station’s over-the-air programming after the conversion and an indication of where further information on those steps can be found; and (e) the licensee’s contact information and website address. Current to June 20, 2022 Last amended on April 1, 2011

CONSOLIDATION Consolidated Computer Inc. Enterprise Development Regulations C.R.C., c. 968 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 Regulations Respecting Enterprise Development Program Assistance to Consolidated Computer Inc. Short Title Interpretation Special Loans Current to June 20, 2022 ii CHAPTER 968 DEPARTMENT OF INDUSTRY ACT APPROPRIATION ACT NO. 2, 1977 APPROPRIATION ACTS Consolidated Computer Inc. Enterprise Development Regulations Regulations Respecting Enterprise Development Program Assistance to Consolidated Computer Inc. Short Title 1 These Regulations may be cited as the Consolidated Computer Inc. Enterprise Development Regulations. Interpretation 2 In these Regulations, all words and expressions have the same meaning as in the Enterprise Development Regulations. Special Loans 3 (1) Notwithstanding subsection 35(1) of the Enterprise Development Regulations, the Board may, under section 28 of those Regulations, provide insurance in an amount not exceeding 99 per cent of the amount of loans, not exceeding $30 million in the aggregate, made by private lenders for the purpose of facilitating the leasing of computer products manufactured by Consolidated Computer Inc., a corporation incorporated under the laws of the Province of Ontario and having its head office in the City of Toronto in that Province. (2) Notwithstanding section 38 of the Enterprise Development Regulations, where a private lender has demanded repayment of a loan described in subsection (1) of these Regulations in respect of which insurance has been provided under section 28 of the Enterprise Development Regulations, prior to the maturity of that loan, the amount payable by Her Majesty to the private lender shall not exceed the lesser of (a) the amount of insurance in effect on the date of such demand; and Current to June 20, 2022 Consolidated Computer Inc. Enterprise Development Regulations Special Loans Section 3 (b) 99 per cent of the loss incurred by the private lender. Current to June 20, 2022

CONSOLIDATION Canada Emergency Student Benefit Regulations SOR/2020-105 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 Canada Emergency Student Benefit Regulations Definitions 1 Definitions Post-secondary educational program Student who is to graduate Canada Emergency Student Benefit 4 Prescribed period Maximum allowable income Amount of benefit Maximum number of weeks Coming into Force 8 May 10, 2020 Current to June 20, 2022 ii Registration SOR/2020-105 May 14, 2020 CANADA EMERGENCY STUDENT BENEFIT ACT Canada Emergency Student Benefit Regulations The Minister of Employment and Social Development, with the consent of the Minister of Finance pursuant to section 3, subsection 5(5), paragraphs 6(2)(a) and (b) and subsections 7(2) and 8(2) of the Canada Emergency Student Benefit Acta, makes the annexed Canada Emergency Student Benefit Regulations . Gatineau, May 14, 2020 La ministre de l’Emploi et Carla Qu Minister of Employment a S.C. 2020, c. 7 Current to June 20, 2022 Canada Emergency Student Benefit Regulations Definitions Definitions 1 The following definitions apply in these Regulations. Act means the Canada Emergency Student Benefit Act. (Loi) dependant, in relation to a student, means (a) a child (including an adopted child, a stepchild or a foster child) who is under 12 years of age and is wholly dependent on the student or the student’s spouse or common-law partner for their care and upbringing; or (b) a person with a disability who is wholly dependent on the student or the student’s spouse or common-law partner for their care and upbringing. (personne à charge) disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent or episodic in nature, or evident or not, that, in interaction with a barrier, as defined in section 2 of the Accessible Canada Act, hinders a person’s full and equal participation in society. (handicap) Post-secondary educational program 2 For the purpose of the definition student in section 2 of the Act, a post-secondary educational program includes a series of courses taken over a period of at least 12 weeks at the post-secondary level at (a) an educational institution set out in the Master List of Designated Educational Institutions, published by the Government of Canada on its website; (b) an educational institution set out in the Master List of Certified Educational Institutions, published by the Government of Canada on its website; (c) an educational institution set out in the Directory of Educational Institutions and Programs, published by the Government of Quebec on its website; or Current to June 20, 2022 Canada Emergency Student Benefit Regulations Definitions Sections 2-5 (d) an Indigenous province. institution recognized by a Student who is to graduate 3 A person who is to graduate from secondary school in 2020, has applied for enrollment in a post-secondary educational program that leads to a degree, diploma or certificate that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted is prescribed for the purposes of paragraph (c) of the definition student in section 2 of the Act. Canada Emergency Student Benefit Prescribed period 4 For the purpose of subsection 5(1) of the Act, the prescribed period is (a) for a student described in paragraph (a) of the definition student in section 2 of the Act, the period beginning on May 10, 2020 and ending August 29, 2020; and (b) for a student described in paragraph (b) or (c) of that definition (i) who graduates before May 10, 2020, the period beginning on May 10, 2020 and ending on August 29, 2020, (ii) who graduates on or after May 10, 2020 but before June 7, 2020, the period beginning on June 7, 2020 and ending on August 29, 2020, and (iii) who has not graduated before June 7, 2020, the period beginning on July 5, 2020 and ending on August 29, 2020. Maximum allowable income 5 (1) An amount of income of $1000.01 is determined for the purposes of paragraph 6(1)(a) of the Act. Excluded income (2) Any income received by a student from employment or self-employment is excluded from the application of subparagraph 6(1)(b)(i) of the Act if the total of such income received in respect of the four-week period for Current to June 20, 2022 Canada Emergency Student Benefit Regulations Canada Emergency Student Benefit Sections 5-8 which they apply for the Canada emergency student benefit is $1000 or less. Amount of benefit 6 For the purpose of subsection 7(1) of the Act, the amount of a Canada emergency student benefit for any week is (a) $500, in the case of a student with a dependant or a student with a disability; and (b) $312.50, in any other case. Maximum number of weeks 7 For the purposes of subsection 8(1) of the Act, the maximum number of weeks for which a student may receive a Canada emergency student benefit is 16 minus the number of weeks, if any, for which the student receives an income support payment under the Canada Emergency Response Benefit Act or an employment insurance emergency response benefit referred to in section 153.7 of the Employment Insurance Act. Coming into Force May 10, 2020 8 These Regulations are deemed to have come into force on May 10, 2020. Current to June 20, 2022

CONSOLIDATION Calculation of Contribution Rates Regulations, 2007 [Repealed, SOR/2021-5, s. 8] Current to June 20, 2022 Last amended on February 1, 2021 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. The last amendments came into force on February 1, 2021. 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 Last amended on February 1, 2021 TABLE OF PROVISIONS Calculation of Contribution Rates Regulations, 2007 Current to June 20, 2022 Last amended on February 1, 2021 ii

CONSOLIDATION CyberFluor Inc. Shares Acquisition Order SOR/90-164 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 Order Authorizing Nordion International Inc. to Acquire and Hold Shares of Cyberfluor Inc. 1 Short Title Authorized Transaction Current to June 20, 2022 ii Registration SOR/90-164 March 8, 1990 FINANCIAL ADMINISTRATION ACT CyberFluor Inc. Shares Acquisition Order P.C. 1990-435 March 8, 1990 Whereas the Governor in Council, pursuant to subsection 91(6) of the Financial Administration Act, is satisfied that Nordion International Inc., as a corporation incorporated under the Canada Business Corporations Act, is empowered to undertake the transaction described in the annexed Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of State (Privatization and Regulatory Affairs) and the Treasury Board, pursuant to paragraph 91(1)(b) of the Financial Administration Act, is pleased hereby to make the annexed Order authorizing Nordion International Inc. to acquire and hold shares of CyberFluor Inc. Current to June 20, 2022 Order Authorizing Nordion International Inc. to Acquire and Hold Shares of Cyberfluor Inc. Short Title 1 This Order may be cited as the CyberFluor Inc. Shares Acquisition Order. Authorized Transaction 2 Nordion International Inc. is hereby authorized to acquire, on or before March 31, 1991, shares of CyberFluor Inc. of Toronto, Ontario that, on acquisition, will be held by, on behalf of or in trust for Nordion International Inc. Current to June 20, 2022

CONSOLIDATION Canada Health and Social Transfer Regulations [Repealed, SOR/2007-303, s. 44] Current to June 20, 2022 Last amended on December 13, 2007 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. The last amendments came into force on December 13, 2007. 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 Last amended on December 13, 2007 TABLE OF PROVISIONS Canada Health and Social Transfer Regulations Current to June 20, 2022 Last amended on December 13, 2007 ii

CONSOLIDATION Critical Habitat of the Barrens Willow (Salix jejuna) Order SOR/2019-236 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 Critical Habitat of the Barrens Willow (Salix jejuna) Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2019-236 June 24, 2019 SPECIES AT RISK ACT Critical Habitat of the Barrens Willow (Salix jejuna) Order Whereas the Barrens Willow (Salix jejuna) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of the Environment is of the opinion that the annexed Order would affect land that is under the authority of the Minister of Fisheries and Oceans and, pursuant to subsection 58(9) of that Act, has consulted with that Minister with respect to the Order; Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Barrens Willow (Salix jejuna) Order. Gatineau, June 19, 2019 La ministre de l’ Catherine Minister of the a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Barrens Willow (Salix jejuna) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Barrens Willow (Salix jejuna), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Carbonated Beverage Glass Containers Regulations [Repealed, SOR/2016-166, s. 7] Current to June 20, 2022 Last amended on June 22, 2016 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. The last amendments came into force on June 22, 2016. 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 Last amended on June 22, 2016 TABLE OF PROVISIONS Regulations Respecting the Advertising, Sale and Importation of Glass Containers of a Capacity of 1.5 Litres or More Containing a Non-Alcoholic Carbonated Beverage Current to June 20, 2022 Last amended on June 22, 2016 ii

CONSOLIDATION Certification of Origin of Goods Exported to a Free Trade Partner Regulations SOR/97-332 Current to June 20, 2022 Last amended on June 14, 2016 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. The last amendments came into force on June 14, 2016. 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 Last amended on June 14, 2016 TABLE OF PROVISIONS Certification of Origin of Goods Exported to a Free Trade Partner Regulations Interpretation Certification Criteria for a NonProducing Exporter Language of Certificate Repeal *5 Coming into Force Current to June 20, 2022 Last amended on June 14, 2016 ii Registration SOR/97-332 July 5, 1997 CUSTOMS ACT Certification of Origin of Goods Exported to a Free Trade Partner Regulations P.C. 1997-963 July 4, 1997 Whereas the proposed Certification of Origin of Goods Exported to a Free Trade Partner Regulations implement provisions of free trade agreements (NAFTA, CIFTA and CCFTA) and otherwise make no material substantive change in an existing regulation and are therefore, by virtue of paragraphs 164(4)(a.01)a and (d) of the Customs Actb, not required to be published under subsection 164(3) of that Act; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 97.1(1)c, paragraphs 164(1)(i)d and (j) and subsections 164(1.1)e and (1.2)f of the Customs Actb, hereby makes the annexed Certification of Origin of Goods Exported to a Free Trade Partner Regulations. a S.C. 1997, c. 14, s. 47(2) b R.S., c. 1 (2nd Supp.) c S.C. 1997, c. 14, s. 44 d S.C. 1992, c. 28, s. 30(1) e S.C. 1993, c. 44, s. 108(1) f S.C. 1997, c. 14, s. 47(1) Current to June 20, 2022 Last amended on June 14, 2016 Certification of Origin of Goods Exported to a Free Trade Partner Regulations Interpretation 1 The definitions in this section apply in these Regulations. Act means the Customs Act. (Loi) producer means a person who grows, mines, harvests, fishes, traps, hunts, manufactures, processes or assembles a good. (producteur) Certification Criteria for a NonProducing Exporter 2 For the purposes of subsection 97.1(1) of the Act, where the exporter of goods to a free trade partner, for which preferential tariff treatment under a free trade agreement will be claimed in accordance with the laws of that free trade partner, is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the following criteria: (a) the exporter’s knowledge that the goods meet the applicable rules of origin; (b) the exporter’s reasonable reliance on the written representation of the producer that the goods meet the applicable rules of origin; or (c) in the case of goods exported or to be exported from Canada to a NAFTA country, Chile, Costa Rica, Peru, Colombia, Jordan or Panama, a certificate — completed and signed by the producer and provided voluntarily to the exporter — stating that the goods meet the applicable rules of origin. SOR/2004-122, s. 1; SOR/2013-213, ss. 13, 22; SOR/2014-282, s. 4; SOR/2016-145, s. 4. Language of Certificate 3 The certificate referred to in section 97.1 of the Act shall be completed (a) in the case of goods exported or to be exported from Canada to the United States or to an EFTA state, in English or French; Current to June 20, 2022 Last amended on June 14, 2016 Certification of Origin of Goods Exported to a Free Trade Partner Regulations Language of Certificate Sections 3-5 (b) in the case of goods exported or to be exported from Canada to Mexico, Chile, Costa Rica, Peru, Colombia or Panama, in English, French or Spanish; (c) in the case of goods exported or to be exported from Canada to Israel or another CIFTA beneficiary, in English, French, Hebrew or Arabic; and (d) in the case of goods exported or to be exported from Canada to Jordan, in English, French or Arabic. SOR/2004-122, s. 2; SOR/2013-213, ss. 3, 14, 23; SOR/2014-282, s. 5; SOR/2016-145, s. 5. Repeal 4 [Repeal] Coming into Force 5 These Regulations come into force on the day on which section 44 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force. * * [Note: Regulations in force July 5, 1997, see SI/97-86.] Current to June 20, 2022 Last amended on June 14, 2016

CONSOLIDATION College of Patent Agents and Trademark Agents Regulations SOR/2021-129 Current to June 20, 2022 Last amended on June 28, 2021 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. The last amendments came into force on June 28, 2021. 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 Last amended on June 28, 2021 TABLE OF PROVISIONS College of Patent Agents and Trademark Agents Regulations Definition 1 Definition of Act Committees 2 Conditions for Investigations Committee and Discipline Committee members Committee administering licensing requirements Patent Agent Licence 4 Applicant for patent agent licence — requirements Patent agent licence — conditions Applicant for patent agent in training licence — requirements Patent agent in training licence — conditions Trademark Agent Licence 8 Applicant for trademark agent licence — requirements Trademark agent licence — conditions Applicant for trademark agent in training licence — requirements Trademark agent in training licence — conditions Investigations 12 Application to Federal Court Prescribed period Federal Court orders Applicable period Unauthorized Representation — Exemptions 16 Representation before Patent Office Current to June 20, 2022 Last amended on June 20, 2022 ii College of Patent Agents and Trademark Agents Regulations TABLE OF PROVISIONS Representation before Office of Registrar of Trademarks Authorization to Make By-laws 18 Authority for College to make by-laws Registers — Additional Information 19 Register of Patent Agents — additional information Register of Trademark Agents — additional information Transitional Provisions 21 Deemed holder of patent agent in training licence Deemed holder of trademark agent in training licence Qualifying examination for patent agents Qualifying examination for trademark agents Patent agent licence — requirements for former patent agent Trademark agent licence — requirements for former trademark agent Request deemed to be made — patent agents Request deemed to be made — trademark agents Coming into Force *29 S.C. 2018, c. 27, s. 247 Current to June 20, 2022 Last amended on June 20, 2022 iv Registration SOR/2021-129 June 10, 2021 COLLEGE OF PATENT AGENTS AND TRADEMARK AGENTS ACT College of Patent Agents and Trademark Agents Regulations P.C. 2021-526 June 10, 2021 His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 46(1)(d) and sections 72, 76 and 86 of the College of Patent Agents and Trademark Agents Acta, makes the annexed College of Patent Agents and Trademark Agents Regulations. a S.C. 2018, c. 27, s. 247 Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Definition Definition of Act 1 In these Regulations, Act means the College of Patent Agents and Trademark Agents Act. Committees Conditions for Investigations Committee and Discipline Committee members 2 The majority of the members of the Investigations Committee and of the Discipline Committee, established under subsection 21(1) of the Act, must be individuals who (a) are not licensees; and (b) are not employed by a department, as defined in section 2 of the Financial Administration Act. Committee administering licensing requirements 3 The committee of the College that is established to administer the requirements, including a qualifying exam, that are to be met in order to obtain a licence under section 26 or 29 of the Act must (a) be composed of individuals who may be removed at pleasure by the Board; (b) not include any individual who is a member of an association the primary purpose of which is to represent the interests of persons who provide advice on patents or trademarks; (c) include a representative from the Patent Office and the Office of the Registrar of Trademarks; and (d) be subject to a conflict of interest policy established by the Board. Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Patent Agent Licence Sections 4-6 Patent Agent Licence Applicant for patent agent licence — requirements 4 For the purposes of subsection 26(1) of the Act, an individual who makes an application for a patent agent licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) qualifying examinations, (iii) good character and fitness to practise, and (iv) fees. Patent agent licence — conditions 5 A patent agent licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a patent agent licence, as set out in the bylaws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees. Applicant for patent agent in training licence — requirements 6 For the purposes of subsection 26(2) of the Act, an individual who makes an application for a patent agent in training licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) education, (ii) good character and fitness to practise, Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Patent Agent Licence Sections 6-9 (iii) fees, and (iv) the provision of administrative forms. Patent agent in training licence — conditions 7 A patent agent in training licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a patent agent in training licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees. Trademark Agent Licence Applicant for trademark agent licence — requirements 8 For the purposes of subsection 29(1) of the Act, an individual who makes an application for a trademark agent licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) qualifying examinations, (iii) good character and fitness to practise, and (iv) fees. Trademark agent licence — conditions 9 A trademark agent licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a trademark agent licence, as set out in the Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Trademark Agent Licence Sections 9-11 by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees. Applicant for trademark agent in training licence — requirements 10 For the purposes of subsection 29(2) of the Act, an individual who makes an application for a trademark agent in training licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) education, (ii) good character and fitness to practise, (iii) fees, and (iv) the provision of administrative forms. Trademark agent in training licence — conditions 11 A trademark agent in training licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a trademark agent in training licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees. Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Investigations Sections 12-15 Investigations Application to Federal Court 12 For the purposes of sections 44 to 48 of the Act, an application may be made to the Federal Court by notice of application. Prescribed period 13 For the purposes of paragraph 46(1)(d) of the Act, the prescribed period is the period of 10 days after the day on which the investigator removes the sealed package containing the document or thing. Federal Court orders 14 (1) For the purposes of subsection 46(5) of the Act, the Federal Court may make orders respecting the retention, opening or return of sealed packages. Application (2) An investigator or any interested person may apply to the Federal Court for an order referred to in subsection (1). Conditions for opening sealed package (3) Subject to any order made by the Federal Court under subsection (1), a sealed package may be opened if (a) consent is given by the holder of a privilege with respect to that document or thing; or (b) the sealed package was returned to the owner of the document or thing in that sealed package. Applicable period 15 For the purposes of subsection 47(1) of the Act, the applicable period is the one that ends the latest among the following periods: (a) the period of 30 days after the day on which the investigator took possession of the document or thing; (b) the period of 30 days after the day on which the sealed package containing that document or thing was, or could have been, opened, if applicable; and (c) the period agreed to by the owner of the document or thing in the sealed package and, if applicable, the holder of a privilege with respect to that document of thing. Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Unauthorized Representation — Exemptions Sections 16-18 Unauthorized Representation — Exemptions Representation before Patent Office 16 Subsection 70(1) of the Act does not apply to (a) a person who is permitted to represent another person before the Patent Office under the Patent Rules or under the Patent Act or any other Act of Parliament or any Act of the legislature of a province; (b) an employee who is representing their employer, unless their employer is representing another person; or (c) a person who is performing an administrative activity, if they have the permission of a patent agent, whose licence is not suspended, to perform that activity. Representation before Office of Registrar of Trademarks 17 Subsection 71(1) of the Act does not apply to (a) a person who is permitted to represent another person before the Office of the Registrar of Trademarks under the Trademarks Regulations or under the Trademarks Act or any other Act of Parliament or any Act of the legislature of a province; (b) an employee who is representing their employer, unless their employer is representing another person; or (c) a person who is performing an administrative activity, if they have the permission of a trademark agent, whose licence is not suspended, to perform that activity. Authorization to Make By-laws Authority for College to make by-laws 18 The College is authorized to make by-laws with respect to (a) the conditions that are to be imposed on licences or classes of licences, including a condition that requires a licensee to be of good character and fit to practise; (b) the requirements that individuals or classes of individuals must meet under section 26 or 29 of the Act, Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Authorization to Make By-laws Sections 18-20 including requirements in relation to qualifying examinations, to fees with respect to qualifying examinations and to being of good character and fit to practise; (c) the determination as to what constitutes good character and fitness to practise for the purposes of the conditions and requirements referred to in paragraphs (a) and (b), respectively; and (d) restrictions on the entitlement of licensees or classes of licensees to provide representation under section 27 or 30 of the Act. Registers — Additional Information Register of Patent Agents — additional information 19 (1) For the purposes of paragraph 28(1)(f) of the Act, the Registrar must include in the Register of Patent Agents the name and contact information of an individual who (a) is a resident of a country other than Canada and is authorized to act as a patent agent under the law of that country; and (b) has made a request in writing to the Registrar to be included in the Register. Register of Patent Agents — annual requirement (2) In order to maintain their name in the Register, an individual referred to in subsection (1) must continue to meet the requirements of paragraph of (1)(a) and must in each year, within the period established by by-laws made by the Board, provide to the Registrar a statement signed by the individual setting out their country of residence and declaring that they are authorized to act as a patent agent under the law of that country. Register of Trademark Agents — additional information 20 (1) For the purposes of paragraph 31(1)(f) of the Act, the Registrar must include in the Register of Trademark Agents the name and contact information of an individual who (a) is a resident of a country other than Canada and is authorized to act as a trademark agent under the law of that country; and (b) has made a request in writing to the Registrar to be included in the Register. Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Registers — Additional Information Sections 20-21 Register of Trademark Agents — annual requirement (2) In order to maintain their name in the Register, an individual referred to in subsection (1) must continue to meet the requirements of paragraph (1)(a) and must in each year, within the period established by by-laws made by the Board, provide to the Registrar a statement signed by the individual setting out their country of residence and declaring that they are authorized to act as a trademark agent under the law of that country. Transitional Provisions Deemed holder of patent agent in training licence 21 (1) An individual is deemed to hold a patent agent in training licence during the period described in subsection (2) if that individual (a) is working in the area of Canadian patent law and practice, including the preparation and prosecution of applications for a patent; (b) is supervised, in respect of that work, (i) by an individual who holds a patent agent licence or who, before the day on which these Regulations come into force, is a patent agent, or (ii) by an individual who is responsible for a legal clinic associated with a Canadian faculty of law; (c) is resident in Canada; and (d) provides notice to the College that they meet the requirements of paragraphs (a) to (c). Period for purposes of subsection (1) (2) For the purpose of subsection (1), the applicable period begins on the later of the day on which these Regulations come into force and the day on which the notice referred to in paragraph (1)(d) is received and ends on the earliest of (a) the day on which the individual is issued a patent agent licence or a patent agent in training licence under section 26 of the Act, (b) the day on which the applicable licence referred to in subsection (1) is surrendered, Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Transitional Provisions Sections 21-22 (c) the day on which the applicable licence referred to in subsection (1) is revoked, and (d) the day that is one year after the day on which these Regulations come into force. Deemed holder of trademark agent in training licence 22 (1) An individual is deemed to hold a trademark agent in training during the period described in subsection (2) if that individual (a) is working in the area of Canadian trademark law and practice, including the preparation and prosecution of applications for the registration of trademarks; (b) is supervised, in respect of that work, (i) by an individual who holds a trademark agent licence or who, before the day on which these Regulations come into force, is a trademark agent, or (ii) by an individual who is responsible for a legal clinic associated with a Canadian faculty of law; (c) is resident in Canada; and (d) provides notice to the College that they meet the requirements of paragraphs (a) to (c). Period for purposes of subsection (1) (2) For the purpose of subsection (1), the applicable period begins on the later of the day on which these Regulations come into force and the day on which the notice referred to in paragraph (1)(d) is received and ends on the earliest of (a) the day on which the individual is issued a trademark agent licence or a trademark agent in training licence under section 29 of the Act, (b) the day on which the applicable licence referred to in subsection (1) is surrendered, (c) the day on which the applicable licence referred to in subsection (1) is revoked, and (d) the day that is one year after the day on which these Regulations come into force. Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Transitional Provisions Sections 23-25 Qualifying examination for patent agents 23 If, before the day on which these Regulations come into force, an individual sat for a paper of the qualifying examination for patent agents and, on that day, the final mark for that paper was not yet determined, (a) the Examining Board established under section 20 of the Patent Rules, as it read immediately before the day on which these Regulations come into force, must mark that paper; and (b) the individual may meet the requirements of subsection 26(1) of the Act by passing that qualifying examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College. Qualifying examination for trademark agents 24 If, before the day on which these Regulations come into force, an individual sat for a qualifying examination for trademark agents and, on that day, the final mark for that examination was not yet determined, (a) the examining board established under section 17 of the Trademarks Regulations, as it read immediately before the day on which these Regulations come into force, must mark that examination; and (b) the individual may meet the requirements of subsection 29(1) of the Act by passing that examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College. Patent agent licence — requirements for former patent agent 25 An individual who is resident in Canada, who has passed the qualifying examination for patent agents and who was a former patent agent whose name was removed under subsection 23(2) of the Patent Rules from the register of patent agents kept under section 15 of the Patent Act, as those provisions read immediately before the day on which these Regulations come in to force, is considered to meet the requirements for a patent agent licence if (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that register; and Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Transitional Provisions Sections 25-29 (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College. Trademark agent licence — requirements for former trademark agent 26 An individual who is resident in Canada, who has passed the qualifying examination for trademark agents and who was a former trademark agent whose name was removed under subsection 20(2) of the Trademarks Regulations from the list of trademark agents kept under section 28 of the Trademarks Act, as those provisions read immediately before the day on which these Regulations come into force, is considered to meet the requirements for a trademark agent licence if (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that list; and (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College. Request deemed to be made — patent agents 27 If, on the day before the day on which these Regulations come into force, the name of an individual was on the register of patent agents in accordance with paragraph 22(b) of the Patent Rules, as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 19(1)(b) of these Regulations on the day on which these Regulations come into force. Request deemed to be made — trademark agents 28 If, on the day before the day on which these Regulations come into force, the name of an individual was on the list of trademark agents in accordance with paragraph 19(b) of the Trademarks Regulations, as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 20(1)(b) of these Regulations on the day on which these Regulations come into force. Coming into Force S.C. 2018, c. 27, s. 247 29 These Regulations come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents * Current to June 20, 2022 Last amended on June 20, 2022 College of Patent Agents and Trademark Agents Regulations Coming into Force Section 29 and Trademark Agents Act come into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force June 28, 2021, see SI/2021-30.] Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION Crown Corporation Corporate Plan, Budget and Summaries Regulations SOR/95-223 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 Regulations Prescribing the Period to be Covered by Corporate Plans, the Time Within which Corporate Plans, Budgets or Amended Plans or Budgets shall be Submitted, the Information to be Included Therein and the Time Within which Summaries of Corporate Plans, Budgets or Amended Plans or Budgets are to be Laid Before Parliament 1 Short Title Interpretation Period Covered by Corporate Plan Time for Submission of Corporate Plan, Operating Budget and Capital Budget Unavailable Information Form of Corporate Plan, Budgets and Amendments Laying Summaries Before Parliament Current to June 20, 2022 ii Registration SOR/95-223 May 1, 1995 FINANCIAL ADMINISTRATION ACT Crown Corporation Corporate Plan, Budget and Summaries Regulations T.B. 822785 April 27, 1995 The Treasury Board, pursuant to paragraphs 126(a) and (b) of the Financial Administration Act, hereby repeals the Crown Corporation Corporate Plan and Budget Regulations, made by decision T.B. 802718 of July 23, 1986* and the Crown Corporation Summaries Regulations, 1986, made by decision T.B. 804020 of December 18, 1986 **, and makes the annexed Regulations prescribing the period to be covered by corporate plans, the time within which corporate plans, budgets or amended plans or budgets shall be submitted, the information to be included therein and the time within which summaries of corporate plans, budgets or amended plans or budgets are to be laid before Parliament, in substitution therefor. * SOR/86-828, 1986 Canada Gazette Part II, p. 3324 ** SOR/87-37, 1987 Canada Gazette Part II, p. 310 Current to June 20, 2022 Regulations Prescribing the Period to be Covered by Corporate Plans, the Time Within which Corporate Plans, Budgets or Amended Plans or Budgets shall be Submitted, the Information to be Included Therein and the Time Within which Summaries of Corporate Plans, Budgets or Amended Plans or Budgets are to be Laid Before Parliament Short Title 1 These Regulations may be cited as the Crown Corporation Corporate Plan, Budget and Summaries Regulations. Interpretation 2 In these Regulations, Act means the Financial Administration Act. (Loi) Period Covered by Corporate Plan 3 A corporate plan of a parent Crown corporation shall cover (a) the financial year in which its corporate plan is to be submitted; (b) the financial year preceding the financial year referred to in paragraph (a); and (c) the period of five financial years following the financial year referred to in paragraph (a). Time for Submission of Corporate Plan, Operating Budget and Capital Budget 4 A parent Crown corporation shall submit its corporate plan, capital budget and, if required to do so by the Act, operating budget to the appropriate Minister no later than eight weeks prior to the commencement of each financial year. Current to June 20, 2022 Crown Corporation Corporate Plan, Budget and Summaries Regulations Unavailable Information Sections 5-7 Unavailable Information 5 Where any information normally included in a corporate plan, operating budget, capital budget or amendment to a plan or budget is unavailable, the parent Crown corporation shall give in the plan, budget or amendment the reasons for the unavailability of that information SOR/2004-241, s. 1. Form of Corporate Plan, Budgets and Amendments 6 (1) Subject to subsection (2), a corporate plan, operating budget, capital budget or amendment to a plan or budget shall be submitted to the appropriate Minister in both official languages (2) Graphs, tables and calculations in a corporate plan, operating budget, capital budget or amendment to a plan or budget may be prepared in one official language only. SOR/2004-241, s. 1. Laying Summaries Before Parliament 7 Any summary of a corporate plan, operating budget, capital budget or amended plan or budget that is required to be laid before each House of Parliament pursuant to subsection 125(4) of the Act shall be laid before each House of Parliament on any of the first 30 days on which that House is sitting after (a) in the case of a summary of a corporate plan or amended plan, the approval of the plan by the Governor in Council in accordance with section 122 of the Act; (b) in the case of a summary of an operating budget, capital budget or amended budget that is included in a corporate plan, the approval referred to in paragraph (a); and (c) in the case of a summary of an operating budget, capital budget or amended budget, other than such a budget referred to in paragraph (b), the approval of the budget by the Treasury Board in accordance with section 123 or 124 of the Act, as the case may be. Current to June 20, 2022 Crown Corporation Corporate Plan, Budget and Summaries Regulations Laying Summaries Before Parliament Section 7 Current to June 20, 2022

CONSOLIDATION Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act) SI/99-79 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 Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act) Interpretation Remission Current to June 20, 2022 ii Registration SI/99-79 August 18, 1999 FINANCIAL ADMINISTRATION ACT Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act) P.C. 1999-1332 July 28, 1999 His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Finance, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act). a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022 Commission for Environmental Cooperation Remission Order (Part IX of the Excise Tax Act) Interpretation 1 The definitions in this section apply in this Order. Commission means the Commission for Environmental Cooperation established by Article 8(1) of the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States that was concluded on September 14, 1993, and that came into force on January 1, 1994. (Commission) tax means the tax imposed under Part IX of the Excise Tax Act. (taxe) Remission 2 Remission is hereby granted to the Commission of tax in an amount equal to the amount by which (a) the tax paid by the Commission during the period beginning on September 4, 1994 and ending on September 22, 1997 exceeds (b) the tax that would have been payable by the Commission in respect of the period if the Commission had been granted the exemptions set out in Article II of the Convention on the Privileges and Immunities of the United Nations. Current to June 20, 2022

CONSOLIDATION Consumer Products Containing Lead Regulations SOR/2018-83 Current to June 20, 2022 Last amended on November 2, 2018 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. The last amendments came into force on November 2, 2018. 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 Last amended on November 2, 2018 TABLE OF PROVISIONS Consumer Products Containing Lead Regulations Interpretation 1 Definitions Requirements 2 Lead content — accessible part Repeal Coming into Force *4 Six months after publication Current to June 20, 2022 Last amended on November 2, 2018 ii Registration SOR/2018-83 April 23, 2018 CANADA CONSUMER PRODUCT SAFETY ACT Consumer Products Containing Lead Regulations P.C. 2018-437 April 20, 2018 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37a of the Canada Consumer Product Safety Actb, makes the annexed Consumer Products Containing Lead Regulations. a S.C. 2016, c. 9, s. 67 b S.C. 2010, c. 21 Current to June 20, 2022 Last amended on November 2, 2018 Consumer Products Containing Lead Regulations Interpretation Definitions 1 The following definitions apply in these Regulations. accessible part means any part of a product that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the product. (partie accessible) consumer product containing lead means any of the following products that contains lead: (a) a product that is brought into contact with the user’s mouth during normal use, except for (i) a kitchen utensil, or (ii) a product that is subject to the Glazed Ceramics and Glassware Regulations; (b) any clothing or clothing accessory that is intended for use by a child under 14 years of age; (c) a product that is intended for use in learning or play by a child under 14 years of age; (d) a book or similar printed product that is intended for a child under 14 years of age, except if it is (i) printed on paper or cardboard, and (ii) printed and bound in a conventional manner using conventional materials; (e) a product whose primary purpose is to facilitate the relaxation, sleep, hygiene, carrying or transportation of a child under four years of age. (produit de consommation contenant du plomb) good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which Current to June 20, 2022 Last amended on November 2, 2018 Consumer Products Containing Lead Regulations Interpretation Sections 1-4 is dated March 6, 1998. (bonnes pratiques de laboratoire) Requirements Lead content — accessible part 2 (1) Subject to subsection (2), each accessible part of a consumer product containing lead must not contain more than 90 mg/kg of lead when tested in accordance with good laboratory practices. Exception (2) Each accessible part may contain more than 90 mg/kg of lead if (a) lead is necessary to produce an essential characteristic of the part; (b) no alternative part containing less lead is available; and (c) the part, when tested in accordance with good laboratory practices, does not release more than 90 mg/kg of lead. Repeal 3 The Consumer Products Containing Lead (Contact with Mouth) Regulations1 are repealed. SOR/2010-273 Coming into Force Six months after publication 4 These Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month. * * [Note: Regulations in force November 2, 2018.] Current to June 20, 2022 Last amended on November 2, 2018

CONSOLIDATION Customs Duties Accelerated Reduction Order, No. 3 [Repealed, SOR/2020-159, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 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. The last amendments came into force on July 1, 2020. 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 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Respecting the Accelerated Reduction or Removal of Certain Customs Duties Under the Customs Tariff as a Consequence of Concessions Granted Pursuant to the Canada-United States Free Trade Agreement Current to June 20, 2022 Last amended on July 1, 2020 ii

CONSOLIDATION Critical Habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River Population Order SOR/2016-86 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 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River Population Order Application Coming into Force Current to June 20, 2022 ii Registration SOR/2016-86 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River Population Order Whereas the White Sturgeon (Acipenser transmontanus) Kootenay River population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River Population Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the White Sturgeon (Acipenser transmontanus) Kootenay River population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Canadian Press Pension Plan Solvency Deficiency Funding Regulations [Repealed, SOR/2010-245, s. 20] Current to June 20, 2022 Last amended on November 1, 2010 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. The last amendments came into force on November 1, 2010. 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 Last amended on November 1, 2010 TABLE OF PROVISIONS Canadian Press Pension Plan Solvency Deficiency Funding Regulations Current to June 20, 2022 Last amended on November 1, 2010 ii

CONSOLIDATION Conference of American Armies Privileges and Immunities Order SOR/2003-309 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 Conference of American Armies Privileges and Immunities Order 1 Interpretation Privileges and Immunities Coming into Force Current to June 20, 2022 ii Registration SOR/2003-309 September 9, 2003 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Conference of American Armies Privileges and Immunities Order P.C. 2003-1308 September 9, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsection 5(1)a of the Foreign Missions and International Organizations Actb, hereby makes the annexed Conference of American Armies Privileges and Immunities Order. a S.C. 2002, c. 12, s. 3 b S.C. 1991, c. 41 Current to June 20, 2022 Conference of American Armies Privileges and Immunities Order Interpretation 1 The definitions in this section apply in this Order. Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention) Meeting means the meeting of the Organization to be held in Ottawa, Ontario from September 29, 2003 to October 3, 2003. (réunion) Organization means the international organization known as the Conference of American Armies. (Organisation) Privileges and Immunities 2 During the period beginning on September 22, 2003 and ending on October 10, 2003, representatives of states that are members of the Organization shall have in Canada, to the extent required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set out in paragraph 11(d) of Article IV of the Convention. Coming into Force 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Canada Disability Savings Regulations SOR/2008-186 Current to June 20, 2022 Last amended on June 29, 2021 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. The last amendments came into force on June 29, 2021. 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 Last amended on June 29, 2021 TABLE OF PROVISIONS Canada Disability Savings Regulations 1 Interpretation Requirements for Payment of Grant Requirements for Payment of Bond Terms and Conditions of Issuer Agreements Repayments Waiver — Undue Hardship Authorized Collection of Information *10 Coming into Force Current to June 20, 2022 Last amended on June 29, 2021 ii Registration SOR/2008-186 June 5, 2008 CANADA DISABILITY SAVINGS ACT Canada Disability Savings Regulations P.C. 2008-1005 June 5, 2008 Her Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development, pursuant to section 17 of the Canada Disability Savings Acta, hereby makes the annexed Canada Disability Savings Regulations. a S.C. 2007, c. 35, s. 136 Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Canada Disability Savings Act. (Loi) assistance holdback amount means, at a particular time, (a) in the case of an RDSP that is, at the particular time, a specified disability savings plan, nil; and (b) in any other case, the total amount of bonds and grants paid into an RDSP within the 10-year period before the particular time, less any amount of bond or grant paid in that 10-year period that has been repaid to the Minister. (montant de retenue) bond means a Canada Disability Savings Bond. (bon) grant means a Canada Disability Savings Grant. (subvention) issuer agreement means an agreement entered into by the Minister and an issuer of an RDSP that relates to the payment of a grant or bond. (convention d’émetteur) RDSP means a registered disability savings plan under section 146.4 of the Income Tax Act. (REEI) 2011, c. 15, s. 7; 2021, c. 23, s. 94(F). Requirements for Payment of Grant 2 The Minister may pay a grant into an RDSP in respect of a contribution made to and not withdrawn from the RDSP if (a) the issuer enters into an issuer agreement with the Minister that applies to the RDSP and includes the terms and conditions set out in section 4; (b) the issuer submits, at the request of the holder of the RDSP, an application for the grant to the Minister; (c) the beneficiary is less than 49 years of age at the end of the year preceding the year in which the contribution is made; Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Requirements for Payment of Grant Sections 2-4 (d) the total of the contribution and all other contributions made to an RDSP of the beneficiary does not exceed $200,000; (e) the beneficiary is a DTC-eligible individual in respect of the year in which the contribution is made, and in respect of the year or years to which the contribution is allocated; and (f) the issuer complies with the requirements of these Regulations and the terms and conditions of the issuer agreement that applies to the RDSP. SOR/2013-131, s. 1; SOR/2014-134, s. 1. Requirements for Payment of Bond 3 The Minister may pay a bond into an RDSP if (a) the issuer enters into an issuer agreement with the Minister that applies to the RDSP and includes the terms and conditions set out in section 4; (b) the holder requests, no later than December 31 of the year in which the beneficiary attains 49 years of age, that the issuer submit an application for the bond; (c) the issuer submits an application for the bond to the Minister; (d) the beneficiary is less than 49 years of age at the end of the year preceding the year for which the bond is payable; (e) the beneficiary is a DTC-eligible individual in respect of the year for which the bond is payable; and (f) the issuer complies with the requirements of these Regulations and the terms and conditions of the issuer agreement that applies to the RDSP. SOR/2013-131, s. 2; SOR/2014-134, s. 2. Terms and Conditions of Issuer Agreements 4 Every issuer agreement shall include the following terms and conditions: (a) the issuer shall provide the Minister with any information that the Minister requires for the purposes of the Act and these Regulations; Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Terms and Conditions of Issuer Agreements Sections 4-5 (b) the issuer shall maintain records and books of account that relate to the amounts paid under the Act in the form and containing any information that the Minister requires to ensure compliance with the Act and these Regulations; (c) the issuer shall allow the Minister access to all documents and other information that the Minister requires for auditing amounts paid or repaid under the Act and these Regulations; (d) the issuer shall report to the Minister annually or within any other period set out in the issuer agreement with respect to (i) all contributions, payments and transfers to, and all payments and transfers from, an RDSP, (ii) the assistance holdback amount, and (iii) any other information related to the RDSP that is specified in the issuer agreement; (e) the issuer shall submit all information to the Minister in a format and manner that is acceptable to the Minister; (f) the issuer shall not charge fees related to the RDSP against the assistance holdback amount of the RDSP; (g) the issuer shall, when transferring the property of the RDSP, provide to the issuer of the new plan all information that it is required to provide in accordance with paragraph 146.4(8)(c) of the Income Tax Act; and (h) the issuer shall repay any amount required to be repaid to the Minister under these Regulations and shall do so within the period specified in the agreement. 2010, c. 12, s. 29; 2012, c. 31, s. 71. Repayments 5 (1) Subject to section 5.1, an issuer of an RDSP shall repay to the Minister, within the period set out in the issuer agreement, the amount referred to in subsection (2) if (a) the RDSP is terminated; (b) the plan ceases to be an RDSP as a result of the application of paragraph 146.4(10)(a) of the Income Tax Act; or (c) [Repealed, 2021, c. 23, s. 95] (d) the beneficiary dies. Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Repayments Sections 5-5.1 (2) The amount that must be repaid as a result of the occurrence of an event described in subsection (1) is the lesser of (a) the fair market value, immediately before the occurrence, of the property held by the RDSP, and (b) the assistance holdback amount of the RDSP immediately before the occurrence. (3) Despite subsections (1) and (2), if the beneficiary of an RDSP that is a specified disability savings plan dies, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, any portion of an amount paid into the RDSP as a grant or bond within the 10-year period preceding the time of the death that remains in the RDSP at that time. (4) This section does not apply if the event described in subsection (1) or (3) occurs after the calendar year in which the beneficiary attains 59 years of age. 2011, c. 15, s. 8; 2012, c. 31, s. 72; 2021, c. 23, s. 95. 5.1 If an event described in paragraph 5(1)(a), (b) or (d) occurs while the beneficiary of an RDSP is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the lesser of (a) the fair market value, immediately before the occurrence of the event, of the property held by the RDSP, and (b) the amount determined by the formula A+B–C where A is (i) if the event occurs before the calendar year in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, (ii) if the event occurs after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Repayments Sections 5.1-5.3 into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period: 60 – n where n is the beneficiary’s age on — or the age that they would have attained by — December 31 of the calendar year in which the event occurs, (iii) if the event occurs after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the event occurs and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or (iv) if the event occurs after the calendar year in which the beneficiary attains 59 years of age, nil, B is the amount of any grant or bond that is paid into the RDSP during the period beginning on the day on which the beneficiary ceased to be a DTCeligible individual and ending on the day on which the event occurs, and C is the amount of any grant or bond that has been repaid since the day on which the beneficiary ceased to be a DTC-eligible individual. 2012, c. 31, s. 73; 2021, c. 23, s. 96. 5.2 [Repealed, 2021, c. 23, s. 97] 5.3 (1) Subject to section 5.4, if a disability assistance payment is made, the issuer of the RDSP shall repay to Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Repayments Sections 5.3-5.4 the Minister, within the period set out in the issuer agreement, the least of the following amounts: (a) $3 for every $1 of disability assistance payment made, (b) the fair market value, immediately before the making of the disability assistance payment, of the property held by the RDSP, and (c) the assistance holdback amount of the RDSP immediately before the making of the disability assistance payment. (2) An issuer that repays the amount referred to in paragraph (1)(a) is to do so from the grants and bonds that were paid into the RDSP within the 10-year period preceding the making of the disability assistance payment, in the order in which they were paid into it. (3) Subsection (1) does not apply in respect of any disability assistance payment made after the calendar year in which the beneficiary attains 59 years of age. 2012, c. 31, s. 73; 2021, c. 23, s. 98. 5.4 (1) If a disability assistance payment is made to a beneficiary who is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the least of the following amounts: (a) $3 for every $1 of disability assistance payment made, (b) the fair market value, immediately before the making of the disability assistance payment, of the property held by the RDSP, and (c) the amount determined by the formula A+B–C where A is (i) if the disability assistance payment is made before the calendar year in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, (ii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Repayments Section 5.4 year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period: 60 – n where n is the beneficiary’s age on December 31 of the calendar year in which the disability assistance payment is made, (iii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the disability assistance payment is made and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or (iv) if the disability assistance payment is made after the calendar year in which the beneficiary attains 59 years of age, nil, B is the amount of any grant or bond that is paid into the RDSP during the period beginning on the day on which the beneficiary ceased to be a DTCeligible individual and ending on the day on which the disability assistance payment is made, and C is the amount of any grant or bond that has been repaid since the day on which the beneficiary ceased to be a DTC-eligible individual. Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Repayments Sections 5.4-8 (2) An issuer that repays the amount referred to in paragraph (1)(a) is to do so from the grants and bonds that were paid into the RDSP within the applicable period referred to in the description of A in paragraph (1)(c) and within the period referred to in the description of B in paragraph (1)(c), in the order in which they were paid into it. (3) Subsection (1) does not apply in respect of any disability assistance payment made in the calendar year in which the beneficiary of the RDSP attains 60 years of age, or in any subsequent calendar year, if the total amount of disability assistance payments made to the beneficiary in that calendar year is less than or equal to the amount determined in accordance with paragraph 146.4(4)(l) of the Income Tax Act for that calendar year. 2012, c. 31, s. 73; 2021, c. 23, s. 99. 6 (1) An issuer of an RDSP shall repay to the Minister, within the period set out in the issuer agreement, any portion of an amount paid into the RDSP as a grant or bond to which there was no entitlement under the Act or these Regulations. (2) A beneficiary of an RDSP shall repay to the Minister any portion of a disability assistance payment attributable to a grant payment or bond payment to which the beneficiary was not entitled under the Act or these Regulations. 7 For the purposes of calculating an amount to be repaid under these Regulations with respect to amounts that are transferred from a prior RDSP to a new RDSP in accordance with subsection 146.4(8) of the Income Tax Act, all amounts of bonds, grants and contributions transferred are considered to have been paid into or made to the new RDSP as of the day on which the amounts were paid into or made to the prior RDSP. Waiver — Undue Hardship 8 For the purposes of section 11 of the Act, the Minister may waive the requirement in subparagraph 6(2)(a)(i) or 7(2)(a)(i) or (b)(i) of the Act that the individual be at least 18 years of age on December 31 of the year preceding the particular year if the beneficiary is not a qualified dependant of an eligible individual. SOR/2013-131, s. 3. Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Authorized Collection of Information Section 9 Authorized Collection of Information 9 For the purposes of section 15 of the Act, the following are prescribed information: (a) the beneficiary’s name, address, date of birth, social insurance number and, if applicable, date of death; (b) if the holder is an individual, the holder’s name, address and social insurance number; (c) if the holder is a department, agency or institution that maintains the beneficiary, its business name, business number and address; (d) the name and address of the issuer; (e) in relation to any specific RDSP, the number assigned to the corresponding plan in respect of which written notification was given by the Minister of National Revenue in accordance with paragraph 146.4(2)(a) of the Income Tax Act; (f) the number assigned to the disability savings plan entered into between the issuer and the holder; (g) the day on which the disability savings plan between the issuer and the holder was entered into; (h) the day on which the disability savings plan entered into between the issuer and the holder ends; (i) the date and amount of contributions paid into the RDSP; (j) the total amount of contributions paid into the RDSP; (k) the amount of total earnings in the RDSP; (l) if there is a transfer of amounts from a prior RDSP to a new RDSP, (i) the amounts transferred as well as the book value and fair market value of those amounts, (ii) the transfer date, (iii) the name and address of the new issuer, (iv) with respect to both the prior RDSP and new RDSP, the number assigned to the corresponding plan in respect of which written notification was given by the Minister of National Revenue in Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations Authorized Collection of Information Sections 9-10 accordance with paragraph 146.4(2)(a) of the Income Tax Act, and (v) with respect to both the prior RDSP and new RDSP, the number assigned to the disability savings plan entered into between the issuer and the holder; (m) if there is a new holder of an RDSP after the RDSP is entered into, the new holder’s name, address and social insurance number or business number, as the case may be, and the day on which they became the new holder of the RDSP; (n) the disability assistance payments made, indicating the taxable and non-taxable portions of the payments and the date of each payment made; (o) the fair market value of the RDSP; (p) if a contribution is withdrawn subsequent to a waiver granted by the Minister of National Revenue in accordance with paragraph 146.4(12)(c) of the Income Tax Act, the amount and date of the contribution withdrawn; and (q) whether or not a beneficiary is a DTC-eligible individual. Coming into Force 10 These Regulations come into force on the day on which section 136 of the Budget and Economic Statement Implementation Act, 2007, chapter 35 of the Statutes of Canada 2007, comes into force. * * [Note: Regulations in force December 1, 2008, see SI/2008-63.] Current to June 20, 2022 Last amended on June 29, 2021 Canada Disability Savings Regulations RELATED PROVISIONS RELATED PROVISIONS — 2010, c. 12, s. 29 (2) 29 (2) Subsection (1) applies to the 2009 and subsequent years. Current to June 20, 2022 Last amended on June 29, 2021

CONSOLIDATION Cannabis Act (Police Enforcement) Regulations SOR/2018-151 Current to June 20, 2022 Last amended on October 17, 2018 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. The last amendments came into force on October 17, 2018. 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 Last amended on October 17, 2018 TABLE OF PROVISIONS Cannabis Act (Police Enforcement) Regulations Interpretation 1 Definitions Designation of Police Forces and Military Police 2 Authority to designate — police forces General Exemptions Section 8, 9, 10, 11, 12 or 14 of the Act 3 Offences — general — police Offences — general — direction and control RCMP notification — importation or exportation Section 9 or 10 of the Act — Distribution or Sale 6 Distribution or sale — police Distribution or sale — direction and control Section 9, 10, 11 or 12 of the Act in Respect of Offering to Engage in Activities 8 Offering to engage in activities — police Offering to engage in activities — direction and control Other General Exemptions 10 Conspiracy, etc. — police Conspiracy, etc. — direction and control Other Regulations 12 Other Regulations — police Other Regulations — direction and control Exemptions with Certificate Section 9 or 10 of the Act — Distribution or Sale 14 State cannabis — distribution or sale Direction and control — distribution or sale Current to June 20, 2022 Last amended on October 17, 2018 ii Cannabis (Police Enforcement) Regulations TABLE OF PROVISIONS Section 11 of the Act — Importation or Exportation 16 Interpretation — controlled deliveries State cannabis — importation or exportation Direction and control — importation or exportation Section 12 of the Act — Production 19 State cannabis — production Direction and control — production Certificate 21 Information in certificate Revocation of Certificate 22 Revocation Detention and Disposal of Forfeited Cannabis 23 Notice to Minister — cannabis required Notice to Minister Reports 25 Annual report Report — cannabis no longer in possession Coming into Force *27 Subsection 204(1) of Act or registration Current to June 20, 2022 Last amended on October 17, 2018 iv Registration SOR/2018-151 June 27, 2018 CANNABIS ACT Cannabis Act (Police Enforcement) Regulations P.C. 2018-955 June 26, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 139 of the Cannabis Acta, makes the annexed Cannabis Act (Police Enforcement) Regulations. a S.C. 2018, c. 16 Current to June 20, 2022 Last amended on October 17, 2018 Cannabis Act (Police Enforcement) Regulations Interpretation Definitions 1 The definitions in this section apply in these Regulations. Act means the Cannabis Act. (Loi) appropriate officer means (a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; (b) in the case of a police force other than the RCMP, the member of the police force who is the most senior officer responsible for operations; and (c) in the case of the military police, the Canadian Forces Provost Marshal. (officier compétent) chief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef) military police means military police that are designated under subsection 2(2). (policier militaire) particular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière) police force means a police force that is designated under subsection 2(1). (corps policier) provincial minister means the provincial minister responsible for policing in a province. (ministre provincial) RCMP means the Royal Canadian Mounted Police. (GRC) Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Designation of Police Forces and Military Police Sections 2-4 Designation of Police Forces and Military Police Authority to designate — police forces 2 (1) The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of the Minister or the provincial minister, as the case may be, for the purposes of any or all provisions of these Regulations. Authority to designate — military police (2) The Minister of National Defence is authorized to designate military police for the purposes of any or all provisions of these Regulations. General Exemptions Section 8, 9, 10, 11, 12 or 14 of the Act Offences — general — police 3 A member of a police force or of the military police is exempt from the application of section 8, 9, 10, 11, 12 or 14 of the Act, as applicable, if the member engages in any activity referred to in those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations — of which the member has come into possession during a particular investigation, if the member (a) is in active service; and (b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation. Offences — general — direction and control 4 A person is exempt from the application of section 8, 9, 10, 11, 12 or 14 of the Act, as applicable, if the person engages in any activity referred to in any of those sections involving cannabis — other than cannabis that has been forfeited to Her Majesty, that is imported or exported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations — of which the person has come into possession, if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations General Exemptions Section 8, 9, 10, 11, 12 or 14 of the Act Sections 4-7 conditions set out in paragraphs 3(a) and (b) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. RCMP notification — importation or exportation 5 A member of a police force or of the military police who is exempt under section 3 of these Regulations from the application of section 11 of the Act must notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of cannabis, in respect of which the exemption applies, by the member — or by a person under the member’s direction and control who is exempt under section 4 of these Regulations from the application of section 11 of the Act — before the cannabis is imported or exported or, if it is not feasible to do so before the importation or exportation, as soon as feasible after that time. Section 9 or 10 of the Act — Distribution or Sale Distribution or sale — police 6 A member of a police force or of the military police who engages in any activity referred to in section 9 or 10 of the Act is exempt from the application of that section if the member (a) is in active service; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. Distribution or sale — direction and control 7 A person who engages in any activity referred to in section 9 or 10 of the Act is exempt from the application of that section if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 6(a) and (b) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations General Exemptions Section 9, 10, 11 or 12 of the Act in Respect of Offering to Engage in Activities Sections 8-10 Section 9, 10, 11 or 12 of the Act in Respect of Offering to Engage in Activities Offering to engage in activities — police 8 A member of a police force or of the military police who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the member (a) is in active service; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. Offering to engage in activities — direction and control 9 A person who engages in any activity referred to in section 9, 10, 11 or 12 of the Act by offering to engage in that activity is exempt, in respect of offering to engage in that activity, from the application of that section, if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 8(a) and (b) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. Other General Exemptions Conspiracy, etc. — police 10 A member of a police force or of the military police is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the member (a) is in active service; (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and (c) engages in any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations General Exemptions Other General Exemptions Sections 10-13 an offence under section 8, 9, 10, 11, 12 or 14 of the Act. Conspiracy, etc. — direction and control 11 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act if the person (a) acts under the direction and control of a member of a police force or of the military police who (i) is in active service, and (ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; (b) acts to assist the member in the course of the particular investigation; and (c) engages in any activity that, but for the application of this section, would constitute a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under section 8, 9, 10, 11, 12 or 14 of the Act. Other Regulations Other Regulations — police 12 A member of a police force or of the military police who is exempt under these Regulations from the application of section 8, 9, 10, 11, 12 or 14 of the Act in respect of engaging in any activity referred to in that section is exempt, in respect of engaging in that activity, from the application of the Cannabis Regulations and the Industrial Hemp Regulations. Other Regulations — direction and control 13 A person who acts under the direction and control of a member of a police force or of the military police and who is exempt under these Regulations from the application of section 8, 9, 10, 11, 12 or 14 of the Act in respect of engaging in any activity referred to in that section is exempt, in respect of engaging in that activity, from the application of the Cannabis Regulations and the Industrial Hemp Regulations. Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Exemptions with Certificate Sections 14-15 Exemptions with Certificate Section 9 or 10 of the Act — Distribution or Sale State cannabis — distribution or sale 14 (1) Subject to section 8 of these Regulations, a member of a police force or of the military police is exempt from the application of section 9 or 10 of the Act, as applicable, if the member engages in any activity referred to in those sections involving cannabis that has been forfeited to Her Majesty, that is imported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations, if the member has been issued a certificate. Conditions for issuing certificate (2) The appropriate officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force or of the military police, as the case may be, if the member (a) is in active service; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. Direction and control — distribution or sale 15 Subject to section 9 of these Regulations, a person is exempt from the application of section 9 or 10 of the Act, as applicable, if the person engages in any activity referred to in those sections involving cannabis that has been forfeited to Her Majesty, that is imported under the exemption provided for in section 17 of these Regulations or that is produced under the exemption provided for in section 19 of these Regulations, if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 14(2)(a) and (b) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Exemptions with Certificate Section 11 of the Act — Importation or Exportation Sections 16-18 Section 11 of the Act — Importation or Exportation Interpretation — controlled deliveries 16 For the purposes of subsection 17(1) and section 18, cannabis requested of and obtained directly from a foreign state does not include cannabis that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, under the supervision of that state’s competent authorities. State cannabis — importation or exportation 17 (1) A member of a police force or of the military police is exempt from the application of section 11 of the Act if the member engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty, that is produced under the exemption provided for in section 19 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate. Conditions for issuing certificate (2) The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate to a member of a police force or of the military police, as the case may be, for a period not exceeding six months for the purposes of subsection (1) if the member (a) is in active service; (b) in the case of a member of a police force, is acting in the course of their responsibilities for the purposes of a particular investigation in which the RCMP participates; and (c) in the case of a member of the military police, is acting in the course of their responsibilities for the purposes of (i) a particular investigation in which the RCMP participates, or (ii) a particular investigation other than one referred to in subparagraph (i). Direction and control — importation or exportation 18 A person is exempt from the application of section 11 of the Act if the person engages in any activity referred to in that section that involves cannabis that has been forfeited to Her Majesty, that is produced under the exemption provided for in section 19 of these Regulations or Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Exemptions with Certificate Section 11 of the Act — Importation or Exportation Sections 18-20 that has been requested of and obtained directly from a foreign state, if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the applicable conditions set out in paragraphs 17(2)(a) to (c) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. Section 12 of the Act — Production State cannabis — production 19 (1) Subject to section 8 of these Regulations, a member of a police force or of the military police is exempt from the application of section 12 of the Act if the member engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty or that is imported under the exemption provided for in section 17 of these Regulations, if the member has been issued a certificate. Conditions for issuing certificate (2) The appropriate officer may issue a certificate for a period not exceeding one year for the purposes of subsection (1) to a member of a police force or of the military police, as the case may be, if the member (a) is in active service; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. Direction and control — production 20 Subject to section 9 of these Regulations, a person is exempt from the application of section 12 of the Act if the person engages in any activity referred to in that section involving cannabis that has been forfeited to Her Majesty or that is imported under the exemption provided for in section 17 of these Regulations, if the person (a) acts under the direction and control of a member of a police force or of the military police who meets the conditions set out in paragraphs 19(2)(a) and (b) of these Regulations; and (b) acts to assist the member in the course of the particular investigation. Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Exemptions with Certificate Certificate Sections 21-23 Certificate Information in certificate 21 A certificate issued under section 14, 17 or 19 must identify the member of the police force or of the military police to whom it is issued, the duration of the exemption and the particular investigation to which it relates. Revocation of Certificate Revocation 22 (1) A certificate issued under section 14, 17 or 19 to a member of a police force or of the military police is revoked on the earliest of (a) the date on which the appropriate officer who issued the certificate revokes it, (b) the date on which the member is no longer in active service, (c) the date on which the member is no longer acting in the course of their responsibilities for the purposes of the particular investigation to which the certificate relates, (d) the date on which the particular investigation to which the certificate relates is completed, or (e) the date on which the certificate expires. Notice (2) The appropriate officer must notify the member of the revocation on the day on which the certificate is revoked under paragraph (1)(a), (c) or (d). Detention and Disposal of Forfeited Cannabis Notice to Minister — cannabis required 23 (1) The chief or appropriate officer must, as soon as feasible but not later than 60 days after the day on which cannabis that has been forfeited to Her Majesty is no longer required for the preliminary inquiry, trial or other proceeding, under the Act or any other Act of Parliament, in respect of which it was seized, if the cannabis is required for the purposes of conducting investigations Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Detention and Disposal of Forfeited Cannabis Sections 23-24 under the Act or any other Act of Parliament, inform the Minister in writing that the cannabis is required for those investigations. Secure location (2) Cannabis referred to in subsection (1) must be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament. Transfer (3) The chief or appropriate officer is exempt from the application of section 9 of the Act if they transfer any cannabis referred to in subsection (1) to another chief or another appropriate officer who requests the transfer for the purposes of a particular investigation. Notice to Minister — transfer (4) If a transfer is made under subsection (3), the chief or appropriate officer who (a) makes the transfer of the cannabis must inform the Minister of the transfer, as soon as feasible after receipt of the request for the transfer; and (b) receives the cannabis must inform the Minister of its receipt, as soon as feasible after the receipt. Directions — cannabis not required (5) If cannabis referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate officer must seek the directions of the Minister and dispose of or otherwise deal with the cannabis in accordance with the Minister’s directions. Disposal — cannabis not required (6) If cannabis that has been forfeited to Her Majesty is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate officer must, as soon as feasible, (a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the cannabis, unless the Minister has previously given such directions; and (b) dispose of or otherwise deal with the cannabis in accordance with the Minister’s directions. Notice to Minister 24 The chief or appropriate officer must, within 60 days after the day on which cannabis is disposed of or Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Detention and Disposal of Forfeited Cannabis Sections 24-25 otherwise dealt with under section 105 of the Act, notify the Minister in writing to that effect. Reports Annual report 25 (1) The chief or appropriate officer must submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information referred to in subsection (4), in respect of cannabis that is imported or exported under the exemption provided for in section 17, cannabis that is produced under the exemption provided for in section 19 and cannabis that is referred to in section 23, that came into the possession of the police force or of the military police in the course of a particular investigation completed during the calendar year. Copy of report — police force other than RCMP (2) The chief or appropriate officer of a police force other than the RCMP must send a copy of the report to the provincial minister responsible for the police force. Copy of report — military police (3) The Canadian Forces Provost Marshal must send a copy of the report to the Minister of National Defence. Contents of report (4) The report must include the following information: (a) the type of particular investigation in which the cannabis came into the possession of the police force or of the military police; (b) the dates on which the particular investigation began and ended; (c) the total quantity of cannabis that was forfeited to Her Majesty, imported, exported, produced or disposed of in the course of the particular investigation, as applicable; and (d) if applicable, any other detail that is pertinent to describing the law enforcement activities undertaken by the police force or by the military police in the course of the particular investigation. Additional report (5) The chief or appropriate officer of a police force must submit to the Minister, on the Minister’s request, a report in written or electronic format respecting the cannabis as required for the following purposes: Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Reports Sections 25-26 (a) to ensure the protection of the public against potential public health risks caused by the cannabis, including the risk of it being diverted to an illicit market or activity; (b) to collect data required for studies and research; (c) to meet international obligations of the Government of Canada; and (d) to monitor compliance with these Regulations. Report — cannabis no longer in possession 26 (1) The chief or appropriate officer must submit to the Minister of Public Safety and Emergency Preparedness and to the Minister a report in written or electronic format containing the information referred to in subsection (4), respecting any cannabis referred to in section 23 that is lost, stolen or otherwise no longer in the possession of the police force or of the military police, as soon as feasible after such a situation occurs. Copy of report — police force other than RCMP (2) The chief or appropriate officer of a police force other than the RCMP must send a copy of the report to the provincial minister responsible for the police force. Copy of report — military police (3) The Canadian Forces Provost Marshal must send a copy of the report to the Minister of National Defence. Contents of report (4) The report must include the following information: (a) the quantity of cannabis; (b) the date of its forfeiture to Her Majesty or its importation, exportation or production, as applicable; and (c) the date on which, and an explanation of the circumstances in which, it was lost or stolen or ceased to be in the possession of the police force or of the military police. Current to June 20, 2022 Last amended on October 17, 2018 Cannabis (Police Enforcement) Regulations Coming into Force Section 27 Coming into Force Subsection 204(1) of Act or registration 27 These Regulations come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force October 17, 2018, see SI/2018-52.] Current to June 20, 2022 Last amended on October 17, 2018

CONSOLIDATION Calculation of Contribution Rates Regulations, 2021 SOR/2021-5 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 Calculation of Contribution Rates Regulations, 2021 Interpretation 1 Definitions Calculation of Contribution Rates 2 Base contribution rate Base contribution rate — increased or new benefits Additional contribution rates Additional contribution rates — increased or new benefits Projected and present values Rounding Repeal Coming into Force 9 Registration Current to June 20, 2022 ii Registration SOR/2021-5 February 1, 2021 CANADA PENSION PLAN Calculation of Contribution Rates Regulations, 2021 P.C. 2021-22 January 29, 2021 Whereas, pursuant to subsection 115(1.3)a of the Canada Pension Planb, the lieutenant governor in council of each of at least two thirds of the included provinces, having in the aggregate not less than two thirds of the population of all the included provinces, has signified the consent of that province to the annexed Calculation of Contribution Rates Regulations, 2021; Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 101(1)(d.1)c of the Canada Pension Planb, makes the annexed Calculation of Contribution Rates Regulations, 2021. a S.C. 2016, c. 14, s. 52(4) b R.S., c. C-8 c R.S., c. 30 (2nd Supp.), s. 52 Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Interpretation Definitions 1 The following definitions apply in these Regulations. Act means the Canada Pension Plan. (Loi) additional contribution rate ratio means the ratio — rounded to the nearest whole number or, if equidistant from two whole numbers, to the higher whole number — of the percentage specified in paragraph 46(1)(c) of the Act to the percentage specified in paragraph 46(1)(b) of the Act. (rapport du taux de cotisation supplémentaire) contributory earnings means the contributory salary and wages and the contributory self-employed earnings referred to in sections 12 and 13, respectively, of the Act. (gains cotisables) increased or new benefits means the increased or new benefits referred to in paragraph 113.1(4)(e) of the Act. (accroissement ou établissement de prestations) review period means any three-year period for which the Chief Actuary prepares a report for the purpose of subsection 115(1) of the Act. (période d’examen) Calculation of Contribution Rates Base contribution rate 2 For the purpose of subparagraph 115(1.1)(c)(i) of the Act, the contribution rate is the smallest multiple of 0.0001 percentage points that results in a projected ratio of assets to expenditures for the 60th year after the review period that is not lower than the projected ratio of assets to expenditures for the 10th year after the review period, with those ratios being determined by the formula (A – B) / (C – D) where Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Sections 2-3 A is the projected value on December 31 of that year of all assets of the base Canada Pension Plan; B is the projected value on December 31 of that year of all assets of the base Canada Pension Plan in respect of any increased or new benefits that result in a contribution rate calculated under section 3 that exceeds zero; C is the projected amounts charged to the Canada Pension Plan Account under subsection 108(3) of the Act for the year following that year; and D is the projected amounts charged to the Canada Pension Plan Account under subsection 108(3) of the Act for the year following that year in respect of any increased or new benefits that result in a contribution rate calculated under section 3 that exceeds zero. Base contribution rate — increased or new benefits 3 (1) For the purpose of subparagraph 115(1.1)(c)(ii) of the Act, the contribution rate with respect to any increased or new benefits is equal to the permanent increase in the contribution rate plus, if applicable, the temporary increase in that rate. Permanent increase (2) The permanent increase in the contribution rate is the smallest multiple of 0.0001 percentage points that results in the following formula being satisfied: A+B=C where A is the projected value of all assets of the base Canada Pension Plan in respect of the increased or new benefits that are based on the contributory earnings for each year starting with the year in which the increased or new benefits come into effect; B is the present value of contributions to be made as a result of the permanent increase in the contribution rate; and C is the present value of the projected extra costs of the increased or new benefits that are based on the contributory earnings for each year starting with the year in which the increased or new benefits come into effect. Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Sections 3-4 Temporary increase (3) The temporary increase in the contribution rate applies for a number of years that is consistent with common actuarial practice and is the smallest multiple of 0.0001 percentage points that results in the following formula being satisfied: A+B=C where A is the projected value of all assets of the base Canada Pension Plan in respect of the increased or new benefits that are based on the contributory earnings for each year before the year in which the increased or new benefits come into effect; B is the present value of contributions to be made as a result of the temporary increase in the contribution rate; and C is the present value of the projected extra costs of the increased or new benefits that are based on the contributory earnings for each year before the year in which the increased or new benefits come into effect. De minimis (4) If the contribution rate calculated under subsection (1) for the first year after the review period or, if later, the year in which the increased or new benefits come into effect is less than 0.02 percentage points, without regard to section 7, the contribution rate for that year and all subsequent years is deemed to equal zero. Additional contribution rates 4 (1) For the purpose of subparagraphs 115(1.1)(d)(i) and (e)(i) of the Act, the first additional contribution rate and the second additional contribution rate are the smallest multiples of 0.0001 percentage points that result in (a) the second additional contribution rate being equal to the first additional contribution rate multiplied by the additional contribution rate ratio; (b) the present value, as at the date referred to in subsection 115(1) of the Act, of the projected expenditures of the additional Canada Pension Plan, determined without taking into account any increased or new benefits that are based on the contributory earnings for each year starting with the year in which the increased or new benefits come into effect and any increased or new benefits that result in a contribution rate increase under subsections 5(3) and (4), being less than or equal to the sum of Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Section 4 (i) the present value, as at the same date, of the projected contributions under the additional Canada Pension Plan, determined without taking into account those increased or new benefits, and (ii) the projected value, as at the same date, of all assets of the additional Canada Pension Plan, determined without taking into account those increased or new benefits; and (c) the projected ratio of assets to expenditures for the 60th year after the review period being no lower than the projected ratio of assets to expenditures for the 50th year after the review period, with those ratios being determined by the formula (A – B) / (C – D) where A is the projected value on December 31 of that year of all assets of the additional Canada Pension Plan; B is the projected value on December 31 of that year of all assets of the additional Canada Pension Plan in respect of any increased or new benefits that result in contribution rates calculated under section 5 that exceed zero; C is the projected amounts charged to the Additional Canada Pension Plan Account under subsection 108.2(3) of the Act for the year following that year; and D is the projected amounts charged to the Additional Canada Pension Plan Account under subsection 108.2(3) of the Act for the year following that year in respect of any increased or new benefits that result in contribution rates calculated under section 5 that exceed zero. Review period ending before 2038 (2) For the purpose of paragraph (1)(c), if the 60th year after the review period is earlier than 2098, it is deemed to be 2098 and the 50th year after the review period is deemed to be 2088. Exception — rates for 2022 and 2023 (3) Despite subsection (1), the first additional contribution rate for 2022 is equal to the first additional contribution rate calculated for 2024 multiplied by 0.75, the first additional contribution rate for 2023 is equal to the first Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Sections 4-5 additional contribution rate calculated for 2024 and the second additional contribution rate for 2022 and 2023 is equal to zero. Additional contribution rates — increased or new benefits 5 (1) For the purpose of subparagraphs 115(1.1)(d)(ii) and (e)(ii) of the Act, the first additional contribution rate and the second additional contribution rate with respect to any increased or new benefits are equal, respectively, to the permanent increase in the first additional contribution rate plus, if applicable, the temporary increase in that rate and to the permanent increase in the second additional contribution rate plus, if applicable, the temporary increase in that rate. Permanent increases (2) The permanent increases in the first additional contribution rate and the second additional contribution rate are equal, respectively, to the difference obtained by subtracting the first additional contribution rate calculated under section 4 from the first additional contribution rate that would be calculated under that section if the following variations applied, and to the difference obtained by subtracting the second additional contribution rate calculated under section 4 from the second additional contribution rate that would be calculated under that section if those variations applied: (a) the present value of projected expenditures and contributions and the projected value of assets referred to in paragraph 4(1)(b) are to be determined without taking into account any increased or new benefits that result in a contribution rate increase under subsections (3) and (4); (b) the description of B in paragraph 4(1)(c) is limited to the projected value of assets of the additional Canada Pension Plan in respect of any increased or new benefits that result in a contribution rate increase under subsections (3) and (4); and (c) the description of D in paragraph 4(1)(c) is limited to the projected amounts charged to the Additional Canada Pension Plan Account under subsection 108.2(3) of the Act in respect of any increased or new benefits that result in a contribution rate increase under subsections (3) and (4). Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Section 5 Temporary increases (3) Subject to subsection (4), the temporary increases in the first additional contribution rate and the second additional contribution rate apply for a number of years that is consistent with common actuarial practice and are the smallest multiples of 0.0001 percentage points that result in (a) the temporary increase in the second additional contribution rate being equal to the temporary increase in the first additional contribution rate multiplied by the additional contribution rate ratio; and (b) the following formula being satisfied: A+B=C where A is the projected value of all assets of the additional Canada Pension Plan in respect of the increased or new benefits that are based on the contributory earnings for each year before the year in which the increased or new benefits come into effect; B is the present value of contributions to be made as a result of the temporary increases in the first additional contribution rate and the second additional contribution rate; and C is the present value of the projected extra costs of the increased or new benefits that are based on the contributory earnings for each year before the year in which the increased or new benefits come into effect. De minimis (4) There is no temporary increase in the first additional contribution rate or the second additional contribution rate if the increase in the first additional contribution rate calculated under subsection (3) is less than 0.02 percentage points. Exception — rates for 2022 and 2023 (5) Despite subsection (1), the first additional contribution rate for 2022 is equal to the first additional contribution rate calculated for 2024 multiplied by 0.75, the first additional contribution rate for 2023 is equal to the first additional contribution rate calculated for 2024 and the second additional contribution rate for 2022 and 2023 is equal to zero. Current to June 20, 2022 Calculation of Contribution Rates Regulations, 2021 Calculation of Contribution Rates Sections 6-9 Projected and present values 6 The projected and present values referred to in subsections 3(2) and (3) and 5(2) and (3) are to be determined as at January 1 of the year after the review period or, if later, the day on which the increased or new benefits come into effect. Rounding 7 If a contribution rate calculated under section 2 or subsection 3(1), 4(1) or 5(1) is not a multiple of 0.01 percentage points, it is to be rounded to the nearest multiple of 0.01 or, if it is equidistant from the two multiples, to the higher multiple. Repeal 8 The Calculation of Contribution Rates Regulations, 20071 are repealed. Coming into Force Registration 9 These Regulations come into force on the day on which they are registered. SOR/2008-50 Current to June 20, 2022

CONSOLIDATION Certain Marine Carriers Remission Order, 2011 SI/2011-66 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 Certain Marine Carriers Remission Order, 2011 Current to June 20, 2022 ii Registration SI/2011-66 August 17, 2011 FINANCIAL ADMINISTRATION ACT OCEANS ACT Certain Marine Carriers Remission Order, 2011 P.C. 2011-875 July 29, 2011 His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Fisheries and Oceans and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Actb, hereby makes the annexed Certain Marine Carriers Remission Order, 2011. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Marine Carriers Remission Order, 2011 1 Remission is granted of the fees for marine navigation services provided by the Canadian Coast Guard that are fixed under subsection 47(1) of the Oceans Act and that are paid or payable for the year 2011 by marine carriers in respect of ships operating in Canadian waters between locations situated north of 60° north latitude and locations situated south of 60° north latitude. Current to June 20, 2022

CONSOLIDATION Canada Deposit Insurance Corporation Eligible Financial Contracts By-law SOR/2022-55 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 Canada Deposit Insurance Corporation Eligible Financial Contracts By-law Definition of Act Prescribed class of federal member institutions Prescribed class of eligible financial contracts Contract provisions Coming into force Current to June 20, 2022 ii Registration SOR/2022-55 March 14, 2022 CANADA DEPOSIT INSURANCE CORPORATION ACT Canada Deposit Insurance Financial Contracts By-law Corporation Eligible The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g)a and subsections 39.15(7.4)b and (7.5)b of the Canada Deposit Insurance Corporation Actc, makes the annexed Canada Deposit Insurance Corporation Eligible Financial Contracts By-law. Ottawa, March 2, 2022 a R.S., c. 18 (3rd Supp.), s. 51 b S.C. 2021, c. 23, s. 126(4) c R.S., c. C-3 Current to June 20, 2022 Canada Deposit Insurance Corporation Eligible Financial Contracts By-law Definition of Act 1 In this By-law, Act means the Canada Deposit Insurance Corporation Act. Prescribed class of federal member institutions 2 The class consisting of all federal member institutions is prescribed for the purpose of subsection 39.15(7.4) of the Act. Prescribed class of eligible financial contracts 3 The class consisting of every eligible financial contract that meets the following conditions and to which a federal member institution is a party is prescribed in respect of that institution for the purpose of subsection 39.15(7.4) of the Act: (a) it contains provisions permitting the taking of an action referred to in paragraph 39.15(7)(a), (b) or (f) of the Act by a party other than (i) Her Majesty in right of Canada, (ii) the government of a foreign country, (iii) a central bank, (iv) a clearing house, as defined in subsection 39.15(9) of the Act, or (v) a central counter-party, as defined in section 2 of the Payment Clearing and Settlement Act; (b) it is not governed by Canadian law or at least one of the other parties to it is neither an individual who is resident in Canada nor a Canadian entity as defined in section 2 of the Bank Act; and (c) it meets one of the following conditions: (i) it is entered into, amended or renewed on or after October 1, 2023 and at least one of the other parties to it is (A) a federal member institution or an affiliate of a federal member institution, or (B) an institution that has been identified by the Financial Stability Board as a global systemically Current to June 20, 2022 Canada Deposit Insurance Corporation Eligible Financial Contracts By-law Sections 3-5 important bank or an affiliate of an institution that has been so identified, (ii) it is entered into, amended or renewed on or after October 1, 2024, or (iii) at least one other party to it and the federal member institution are together parties to another contract that is part of a class prescribed by this section. Contract provisions 4 Every federal member institution must ensure that all eligible financial contracts that are part of the class prescribed in respect of it by section 3 contain provisions indicating the parties’ agreement to the application of subsections 39.15(7.1) to (7.104) and (7.11) of the Act in relation to the actions that the parties, other than any referred to in subparagraphs 3(a)(i) to (v), may take. Coming into force 5 This By-law comes into force on the day on which it is registered. Current to June 20, 2022

CONSOLIDATION Competition Tribunal Rules SOR/2008-141 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 Competition Tribunal Rules PART 1 General Interpretation 1 Definitions Rules Applicable to All Proceedings Dispensing with Compliance 2 Variation Time Limits 3 Interpretation Act Calculating time limits Varying time limits Documents 6 Memorandum of fact and law Subpoena Service of Documents 8 Originating document Deemed served Other documents Proof of service Filing of Documents 12 Electronic filing Filing by intervenor Paper filing Facsimile filing Cover page Filing after 17:00 hours Format for electronic filing Irregularity or defect Electronic sworn statement or solemn affirmation Electronic certified copy Public access Without confidentiality order Current to June 20, 2022 ii Competition Tribunal Rules TABLE OF PROVISIONS With confidentiality order Publication of Notice 25 Notice Discontinuance or Withdrawal 26 Discontinuance Withdrawal Costs Hearings 29 Hearings open to the public In-camera hearings Practice and Procedure 31 Composition of the Tribunal Case record in electronic format Practice directions Questions as to practice or procedure PART 2 Contested Proceedings Application 35 Application of Part Notice of application Service of notice Response Reply Timetable for disposition of application Order in default of response Intervention 42 Motion for leave to intervene Service and filing motion Response Reply Disposition Intervention allowed Service of documents Intervention by attorney general of a province Notice of intervention List of documents Participation of an attorney general Service of documents Current to June 20, 2022 iv Competition Tribunal Rules TABLE OF PROVISIONS Intervention by the Commissioner Commissioner’s access to documents Admissions 56 Requests for admissions Deemed admissions Costs Withdrawal of admission Discovery 60 Affidavit of documents Power of the Tribunal Application of deemed undertaking Supplementary affidavit Examination for discovery Access to Documents 65 Access to documents Confidentiality order Content of motion Pre-hearing Disclosure 68 List of documents and witness statements Response Reply Evidence at the Hearing 71 Sanctions Records to be admitted in evidence Information under par. 11(1)(a) of the Act Evidence in chief Witness Panels 75 Witness panels Manner of testimony Expert Evidence 77 Expert report Expert report provided to the registry Examination of expert witness Tribunal-appointed expert Current to June 20, 2022 v Competition Tribunal Rules TABLE OF PROVISIONS PART 3 Motions Informal Procedure 81 Informal procedure Formal Procedure 82 Application Notice of motion Disposition without hearing Service of response Decision without a hearing Evidence and memorandum Testimony by affidavit Motion for Summary Disposition 89 Notice of motion Response Testimony Power of the Tribunal Motion — refused or granted in part Motion refused PART 4 Interim or Temporary Orders Application 95 Application of Part Notice of application Language of Hearing 97 Official language Ex Parte Orders 98 Service of ex parte orders Application to Vary or Set Aside Interim Orders 99 Notice of application PART 5 Specialization Agreements 100 Notice of application Notice of appearance Motion for registration Current to June 20, 2022 v Competition Tribunal Rules TABLE OF PROVISIONS Reply Modification and removal PART 6 Consent Agreements 105 Application of Part Registration of consent agreements PART 7 References 107 Application of Part Notice of reference Service Amicus curiae Leave to refer in a private access case Notice to the Commissioner Power of Tribunal PART 8 Private Access 114 Application of Part Application for leave Service Certification by the Commissioner Notice by the Tribunal Representations in writing Reply Decision without oral hearing Power of Tribunal Service Leave granted Registration Publication Service PART 9 Application for a Loan Order 128 Notice Current to June 20, 2022 vi Competition Tribunal Rules TABLE OF PROVISIONS Filing Notice of application Service Response Decision PART 10 Case Management 134 Definition of judicial member Case management conferences Directions re scheduling Direction regarding list of matters to be considered Order Firm requirements PART 11 Transitional Provision and Repeal Transitional Provision 140 Proceeding already commenced Repeal SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Current to June 20, 2022 vi Registration SOR/2008-141 May 1, 2008 COMPETITION TRIBUNAL ACT Competition Tribunal Rules P.C. 2008-818 May 1, 2008 The Competition Tribunal, pursuant to subsection 16(1) of the Competition Tribunal Acta and subject to the approval of the Governor in Council, hereby makes the annexed Competition Tribunal Rules. February 11, 2008 Whereas, pursuant to paragraph 17(a) of the Competition Tribunal Acta, a copy of the proposed Competition Tribunal Rules, substantially in the form set out in the annexed Rules, was published in the Canada Gazette, Part I, on May 26, 2007 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Registrar with respect to the proposed Rules; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 16 of the Competition Tribunal Acta, hereby approves the annexed Competition Tribunal Rules made by the Competition Tribunal. a R.S., c. 19 (2nd Supp.), Part I Current to June 20, 2022 Competition Tribunal Rules PART 1 General Interpretation Definitions 1 The following definitions apply in these Rules. Act means the Competition Act. (Loi) applicant means a person who files an application under Part VII.1 or Part VIII of the Act or a person who files a reference under section 124.2 of the Act. (demandeur) certified copy of a document means a copy of the document certified by the Registrar or a person designated by the Registrar. (copie certifiée) Chairperson means the judicial member designated to be Chairman of the Tribunal under subsection 4(1) of the Competition Tribunal Act. (président) Commissioner means the Commissioner of Competition appointed under subsection 7(1) of the Act. (commissaire) consent agreement means an agreement made under section 74.12, 105 or 106.1 of the Act, the terms of which have been agreed on by the parties. (consentement) counsel means a member of the bar of a province. (avocat) document includes pleadings, affidavits and any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy or portion of that material. (document) electronic hearing means a hearing in which documents are provided in an electronic form to the registry and are presented electronically in the course of the hearing. (audience électronique) Current to June 20, 2022 Competition Tribunal Rules PART 1 General Interpretation Sections 1-2 electronic transmission includes transmission by electronic mail (e-mail) or via the Tribunal website. (transmission électronique) file means to file with the Registrar. (déposer) intervenor means (a) a person granted leave to intervene by the Tribunal in accordance with rule 46; (b) an attorney general who intervenes under section 88 or 101 of the Act; or (c) the Commissioner who intervenes under section 103.2 or subsection 124.2(3) of the Act. (intervenant) originating document means either a notice of application, a notice of reference, or an application for leave under section 103.1 of the Act. (acte introductif d’instance) paper hearing means a hearing in which documents are provided in paper form to the registry and are presented in paper form in the course of the hearing. (audience sur pièces) party means an applicant or a respondent. (partie) person includes a corporation, a partnership and an unincorporated association. (personne) reference means the reference of a question to the Tribunal for determination under section 124.2 of the Act. (renvoi) Registrar means the Registrar of the Tribunal. (registraire) registry means the Registry of the Tribunal. (greffe) respondent means a person who is named as a respondent in a notice of application. (défendeur) Rules Applicable to All Proceedings Dispensing with Compliance Variation 2 (1) The Tribunal may dispense with, vary or supplement the application of any of these Rules in a particular case in order to deal with all matters as informally and Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Dispensing with Compliance Sections 2-6 expeditiously as the circumstances and considerations of fairness permit. Urgent matters (2) If a party considers that the circumstances require that an application be heard urgently or within a specified period, the party may request that the Tribunal give directions about how to proceed. Time Limits Interpretation Act 3 Unless otherwise provided in these Rules, time limits under these Rules or under an order of the Tribunal shall be calculated under sections 26 to 30 of the Interpretation Act. Calculating time limits 4 (1) If the time for doing an act expires on a holiday or a Saturday, the act may be done on the next day that is not a holiday or a Saturday. Time limit less than six days (2) If a time limit is less than six days, holidays and Saturdays shall not be included in the calculation of the time limit. Varying time limits 5 The time limits prescribed by these Rules may only be shortened or extended by an order or a direction of a judicial member. Documents Memorandum of fact and law 6 Where in these Rules a reference is made to a memorandum of fact and law, the memorandum of fact and law shall contain a table of contents and, in consecutively numbered paragraphs, (a) a concise statement of fact; (b) a statement of the points in issue; (c) a concise statement of the submissions; (d) a concise statement of the order sought, including any order concerning costs; (e) a list of the authorities, statutes and regulations to be referred to; and (f) an appendix, and if necessary as a separate document, a copy of the authorities (or relevant excerpts) Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Documents Sections 6-8 as well as a copy of any statutory or regulatory provisions cited or relied on that have not been reproduced in another party’s memorandum. Subpoena 7 (1) The Registrar or the person designated by the Registrar may issue a writ of subpoena for the attendance of witnesses and the production of documents. In blank (2) The Registrar may issue a writ of subpoena in blank and the person to whom it is issued shall complete it and may include any number of names. Service of Documents Originating document 8 (1) Service of an originating document shall be effected (a) in the case of an individual, by leaving a certified copy of the originating document with the individual; (b) in the case of a partnership, by leaving a certified copy of the originating document with one of the partners during business hours; (c) in the case of a corporation, by leaving a certified copy of the originating document with an officer of the corporation or with a person apparently in charge of the head office or of a branch of the corporation in Canada during business hours; (d) in the case of the Commissioner, by leaving a certified copy of the originating document at the Commissioner’s office during business hours; and (e) in the case of a person referred to in any of paragraphs (a) to (d) who is represented by counsel, by leaving a certified copy of the originating document with the counsel who accepts service of the document. Alternative manner (2) If a person is unable to serve an originating document in a manner described in subrule (1), the person may apply to a judicial member for an order setting out another manner for effecting service. Service of order (3) The person who obtains an order made under subrule (2) shall serve the order on each person named in the originating document. Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Service of Documents Sections 9-10 Deemed served 9 If a document has been served in a manner not authorized by these Rules or by an order of the Tribunal, the Tribunal may, on motion, order that a document be deemed validly served if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service. Other documents 10 (1) Service of a document, other than an originating document, on a person who is not represented by counsel shall be effected (a) in a manner set out in any of paragraphs 8(1)(a) to (d), except that the copy of the document need not be certified; (b) by leaving a copy of the document at the usual or last known address of the person; (c) by sending a copy of the document to the person by facsimile transmission in accordance with subrule (3); (d) by sending a copy of the document to the person by registered mail or by messenger or courier service, and by obtaining an acknowledgement of receipt signed and dated by the person or by someone on behalf of the person; (e) by electronic transmission of the document to the person, if the person agrees and, within 24 hours, sends an acknowledgement of receipt; or (f) in any other manner that the Tribunal may order. Person represented (2) Service of a document, other than an originating document, on a person who is represented by counsel shall be effected (a) in the manner set out in paragraph 8(1)(e), except that the copy of the document need not be certified; (b) by leaving a copy of the document at the counsel’s business address; (c) by sending a copy of the document to the counsel by facsimile transmission in accordance with subrule (3); (d) by sending a copy of the document to the counsel by registered mail and by obtaining an acknowledgement of receipt signed and dated by the counsel or by someone on behalf of the counsel; Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Service of Documents Sections 10-11 (e) by electronic transmission to the counsel, who shall within 24 hours send an acknowledgement of receipt; or (f) in any other manner that the Tribunal may order. Service by fax (3) A document that is served by facsimile transmission shall include a cover page setting out (a) the name, address and telephone number of the sender; (b) the name of the person or the counsel to whom a copy of the document is sent; (c) the date and time of the transmission; (d) the total number of pages transmitted, including the cover page; and (e) the name and telephone number of the person to contact if transmission problems occur. Service by electronic transmission (4) A document that is served by electronic transmission shall be accompanied by an electronic message setting out (a) the name, address, telephone number and e-mail address of the sender; (b) the name of the person or the counsel to whom the document is sent; (c) the date and time of the transmission; (d) the title of the document transmitted; and (e) the name, telephone number and e-mail address of the person to contact if transmission problems occur. Proof of service 11 (1) Proof of service shall be made by an affidavit of service in accordance with the form set out in Schedule 1, for an originating document, or Schedule 2, for a document other than an originating document. By certificate (2) Proof of service of a document other than an originating document can be made by a certificate by a counsel or the person designated by the counsel in accordance with the form set out in Schedule 3. Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Service of Documents Sections 11-15 Service by mail (3) In the case of service by registered mail, a signed and dated acknowledgement of receipt shall be attached to the affidavit of service or the counsel’s certificate, as the case may be. Filing of Documents Electronic filing 12 (1) The parties shall file their documents by electronic transmission. Alternative (2) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing and facsimile filing. Original document (3) Documents filed by electronic transmission shall constitute the original for both electronic and paper hearings. Paper copies (4) Parties to paper hearings shall provide to the registry five paper copies of the documents filed by electronic transmission within 24 hours after that filing. Filing by intervenor 13 An intervenor shall use the same medium (electronic or paper) as the parties. Paper filing 14 (1) Subject to subrule (2), only those documents that are printed on 21.5 cm x 28 cm (letter size) paper and that have numbered pages may be filed. Non-standard format (2) A document that is not printed on 21.5 cm x 28 cm paper and that cannot reasonably be converted to that format by the person filing it may be filed in its existing format. Facsimile filing 15 (1) If a document is filed by facsimile transmission, it is deemed to be the original. Filing by facsimile not allowed (2) The following documents shall not be filed by facsimile transmission: Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Filing of Documents Sections 15-20 (a) an originating document and any documents accompanying it; (b) a document that is filed in multiple copies; and (c) a document that contains, to which is appended or that is accompanied by a document containing confidential information. Cover page 16 A document filed by facsimile transmission shall include a cover page that satisfies the requirements of subrule 10(3). Filing after 17:00 hours 17 A document filed by facsimile transmission after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday. Format for electronic filing 18 (1) An electronic version of a document in PDF (Portable Document Format) or any other format allowed by the Tribunal shall be filed in a manner directed by the Registrar. Filed electronically (2) All documents filed by electronic transmission shall be electronically time stamped. Filed after 17:00 hours (3) Any document transmitted electronically after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday. Irregularity or defect 19 At any time before judgment is given in a proceeding, the Tribunal may draw the attention of a party to any irregularity or defect relating to an electronic version of a document and permit the party to remedy it on any conditions that the Tribunal considers fair. Electronic sworn statement or solemn affirmation 20 (1) A statement made under oath or solemn affirmation may be filed electronically, by filing a scanned version of the document that includes a handwritten signature and the following: “The document that is being electronically submitted to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.” Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Filing of Documents Sections 20-24 Maintenance of document (2) The document referred to in subrule (1) must be maintained in paper form by the party or intervenor filing the document until one year after all periods for appeals expire. Provision of original (3) Upon request of the Tribunal, the party or intervenor filing the statement made under oath or solemn affirmation must provide the original signed document for review. Alternative means for filing (4) Upon the request of a party or intervenor, the Tribunal may order a different method for the electronic filing of a statement made under oath or a solemn affirmation, or may order other means for filing the document. Electronic certified copy 21 If a document is filed electronically, and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy of the document stamped “certified”. Public access 22 Subject to any confidentiality order under rule 66, the public is entitled to access the documents filed or received in evidence on the public record, in the format in which they were received by the registry. Without confidentiality order 23 A party or intervenor who wishes to assert confidentiality in a document to be filed that is not covered by a confidentiality order shall (a) file a public version of the document that does not include the confidential information; (b) provide the registry with a version of the document marked “confidential” that includes and identifies the confidential information that has been deleted from the public version filed under paragraph (a); and (c) bring a motion under rule 66 for an order allowing it to file the confidential version. With confidentiality order 24 A party or intervenor who wishes to file a document containing information that has already been made subject to a confidentiality order under rule 66 shall file a public version that does not include the confidential information and a confidential version with each page Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Filing of Documents Sections 24-27 clearly marked “confidential”. The confidential version shall identify the confidential material that has been deleted from the public version and the date of the relevant confidentiality order. Publication of Notice Notice 25 (1) The Registrar shall, as soon as the notice of application under Part VIII of the Act has been filed, publish a notice (a) in the Canada Gazette; and (b) over a period of two weeks, in at least two issues of at least two daily newspapers designated by the Chairperson or a judicial member designated by the Chairperson. Content (2) The notice referred to in subrule (1) shall state (a) that an application for an order has been made to the Tribunal; (b) the name of each person against whom or in respect of whom the order is sought; (c) the particulars of the order sought; (d) that the notice of application and accompanying documents may be examined at the office of the Registrar; and (e) the date on or before which a motion for leave to intervene must be filed. Discontinuance or Withdrawal Discontinuance 26 (1) An applicant may discontinue all or part of an application at any time before a final determination of the application by the Tribunal. Notice of discontinuance (2) The applicant shall serve a notice of discontinuance on each party and on each intervenor and file the notice with proof of service. Withdrawal 27 (1) A respondent who has filed a response may withdraw all or part of the response at any time before a final determination of the application by the Tribunal. Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Discontinuance or Withdrawal Sections 27-33 Notice of withdrawal (2) The respondent shall serve a notice of withdrawal on each party and on any intervenor and file the notice with proof of service. Costs 28 If a party withdraws from or discontinues the proceedings, the Tribunal may award costs in accordance with section 8.1 of the Competition Tribunal Act. Hearings Hearings open to the public 29 Subject to rule 30, hearings shall be open to the public. In-camera hearings 30 (1) A party, an intervenor or a person interested in the proceedings may request that all or a portion of a hearing not be open to the public. Content of request (2) A person who makes the request shall advise the Tribunal of the reasons for the request, including details of the specific, direct harm that would allegedly result from conducting the hearing or a portion of the hearing in public. Power of the Tribunal (3) The Tribunal may, if it is of the opinion that there are valid reasons for a hearing not to be open to the public, make any order that it deems appropriate. Practice and Procedure Composition of the Tribunal 31 Subject to sections 10 and 11 of the Competition Tribunal Act and for the purposes of these Rules, the Tribunal shall consist of one or more members designated by the Chairperson, at least one of whom is a judicial member. Case record in electronic format 32 The original and official case record of an electronic hearing shall be kept by the Tribunal only in electronic format. Practice directions 33 (1) The Tribunal may issue practice directions. Current to June 20, 2022 Competition Tribunal Rules PART 1 General Rules Applicable to All Proceedings Practice and Procedure Sections 33-36 Technology (2) The Tribunal may give directions requiring the use of any electronic or digital means of communication, storage or retrieval of information, or any other technology it considers appropriate to facilitate the conduct of a hearing or case management conference. Questions as to practice or procedure 34 (1) If, in the course of proceedings, a question arises as to the practice or procedure to be followed in cases not provided for by these Rules, the practice and procedure set out in the Federal Courts Rules may be followed. Tribunal may direct (2) If a person is uncertain as to the practice or procedure to be followed, the Tribunal may give directions about how to proceed. PART 2 Contested Proceedings Application Application of Part 35 This Part applies to all applications to the Tribunal, except applications for interim or temporary orders (Part 4), applications for specialization agreements (Part 5), applications for leave under section 103.1 of the Act (Part 8) and applications for a loan order (Part 9). Notice of application 36 (1) An application shall be made by filing a notice of application. Form and content (2) A notice of application shall be signed by or on behalf of the applicant and shall set out, in numbered paragraphs, (a) the sections of the Act under which the application is made; (b) the name and address of each person against whom an order is sought; (c) a concise statement of the grounds for the application and of the material facts on which the applicant relies; Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Application Sections 36-39 (d) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act; (e) the particulars of the order sought; and (f) the official language that the applicant intends to use in the proceedings. Service of notice 37 (1) The applicant shall, within five days after a notice of application is filed, serve the notice on each respondent. Proof of service (2) The applicant shall, within five days after the service of the notice of application, file proof of service. Response 38 (1) A respondent who wishes to oppose the application shall, within 45 days after being served with the notice of application, (a) serve a response on the applicant and on any other respondent; and (b) file the response with proof of service. Form and content (2) The response shall set out, in numbered paragraphs, (a) a concise statement of the grounds on which the application is opposed and of the material facts on which the person opposing the application relies; (b) an admission or denial of each ground and of each material fact relevant to each ground set out in the notice of application; (c) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act; and (d) the official language that the person opposing the application intends to use in the proceedings. Reply 39 (1) The applicant may, within 14 days after being served with a response in accordance with subrule 38(1), serve a reply on the respondent and on each other party and shall file the reply with proof of service. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Application Sections 39-42 Content (2) A reply shall set out an admission or denial of each ground and of each material fact relevant to each ground set out in the response. Failure to file (3) If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the response. Timetable for disposition of application 40 (1) Each party shall, within 14 days after the expiry of the period for filing a response, consult with the other parties and, if a timetable is agreed, file the proposed timetable for the disposition of the application, including a suggested start date, duration and place for the hearing. Timetable not agreed (2) If the parties cannot agree on a timetable, each party shall serve on the other parties a proposed timetable and file it with proof of service within the period set out in subrule (1). Order in default of response 41 (1) If a person has not filed a response within the period set out in subrule 38(1), the applicant may move that the Tribunal issue the order sought in the notice of application against the person. Decision (2) On a motion in accordance with subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any evidence that it may require, make any order that it deems appropriate. Service (3) The Registrar shall, as soon as an order is made, serve the order on the respondent and on each other party. Intervention Motion for leave to intervene 42 A motion under subsection 9(3) of the Competition Tribunal Act for leave to intervene shall be filed within 10 days after the end of the period for filing a response. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Intervention Sections 43-44 Service and filing motion 43 (1) A motion for leave to intervene shall be made by (a) serving on each of the parties a motion for leave to intervene and an affidavit setting out the facts on which the motion is based; and (b) filing the motion and the affidavit with proof of service. Content (2) A motion for leave to intervene shall set out (a) the title of the proceedings in which the person making the motion wishes to intervene; (b) the name and address of that person; (c) a concise statement of the matters in issue that affect that person and the unique or distinct perspective that the person will bring to the proceeding; (d) a concise statement of the competitive consequences arising from the matters referred to in paragraph (c) with respect to which that person wishes to make representations; (e) the name of the party, if any, whose position that person intends to support; (f) the official language to be used by that person at the hearing of the motion and, if leave is granted, in the proceedings; and (g) a description of how that person proposes to participate in the proceedings. Disposition without hearing (3) A person filing a motion for leave to intervene may request in writing that the Tribunal dispose of the motion without a hearing. Response 44 (1) A party served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on each of the parties and shall file any response to the motion with proof of service. Content (2) A response to a motion for leave to intervene shall (a) deal with the matters raised in the motion; and Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Intervention Sections 44-49 (b) state whether the party filing the response considers that a hearing should be held to determine the motion. Reply 45 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in rule 44, serve a reply on each of the parties and shall file the reply with proof of service. Disposition 46 (1) If the Tribunal is of the opinion that a hearing should be held to determine a motion for leave to intervene, the motion shall be disposed of at a time and in a manner determined by the Tribunal. Determination by Tribunal (2) The Tribunal may allow a motion for leave to intervene, with or without conditions, or refuse the motion. Intervention allowed 47 If a motion for leave to intervene is allowed (a) the Registrar shall send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene was allowed; (b) on request, the intervenor may obtain copies of the documents on the list from the Registrar; (c) each party and each other intervenor shall serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene was allowed; and (d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Service of documents 48 Any document to be filed by an intervenor shall be served on each party and each other intervenor and shall be filed with proof of service. Intervention by attorney general of a province 49 (1) If a notice of application relating to an application under section 86, 87 or 92 of the Act is filed, the Registrar shall serve the notice on the attorney general of each province. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Intervention Sections 49-51 Date for filing notice (2) The Registrar shall inform the attorney general of each province of the date on or before which any notice of intervention under rule 50 must be filed. Notice of intervention 50 (1) The attorney general of a province who decides to intervene in any proceedings before the Tribunal under section 86, 87 or 92 of the Act shall (a) serve a notice of intervention on each party; and (b) file the notice with proof of service within 10 days after the expiry of the period for filing a response. Content (2) A notice of intervention shall set out (a) the title of the proceedings in which the attorney general is intervening; (b) a concise statement of the nature of the interest of the attorney general in the proceedings; (c) a concise statement of the matters in respect of which the attorney general will make representations on behalf of the province; (d) the name of the party, if any, whose position the attorney general intends to support; and (e) the official language that the attorney general intends to use in the proceedings. Service (3) The Registrar shall serve the notice of intervention on each other intervenor as soon as it is filed. List of documents 51 If a notice of intervention is filed (a) the Registrar shall send to the attorney general a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; (b) on request, the attorney general may obtain copies of the documents on the list from the Registrar; (c) each party and each other intervenor shall serve on the attorney general any document filed by them Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Intervention Sections 51-55 after the day on which the notice of intervention was filed; and (d) access by the attorney general to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Participation of an attorney general 52 (1) Subject to subsection 57(4) of the Federal Courts Act, the participation of an attorney general who has filed a notice of intervention is restricted to attending and making submissions at motions, case management conferences and the hearing of the application. Motion for leave to participate (2) The attorney general may at any time serve and file with proof of service a motion for leave to participate in the proceedings in a manner other than that set out in subrule (1). Service of documents 53 Any document to be filed by an attorney general shall be served on each party and any other intervenor and shall be filed with proof of service. Intervention by the Commissioner 54 (1) If the Commissioner intervenes in a proceeding under section 103.2 or subsection 124.2(3) of the Act, the Commissioner shall file a notice of intervention that sets out (a) the title of the proceedings in which the Commissioner is intervening; and (b) a concise statement of the matters on which the Commissioner wishes to make representations. Service (2) The Registrar shall serve the notice of intervention on each party as soon as it is filed. Commissioner’s access to documents 55 If a notice of intervention is filed by the Commissioner, (a) the Registrar shall, within five days after the filing of the notice, send to the Commissioner a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; (b) on request, the Commissioner may obtain copies of any of the documents on the list from the Registrar; Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Intervention Sections 55-59 (c) each party shall serve on the Commissioner any document that is filed by them after the day on which the notice of intervention is filed; and (d) access by the Commissioner to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Admissions Requests for admissions 56 A party may, after pleadings have been closed but not later than 25 days before the commencement of the hearing, request that another party admit a fact or the authenticity of a document by serving a request to admit, in form 255 of the Federal Courts Rules, on that party, with any modifications that the circumstances require. Deemed admissions 57 (1) A party who is served with a request to admit is deemed to admit the truth of a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in form 256 of the Federal Courts Rules within 20 days after service of the request and denies the admission, setting out the grounds for the denial, with any modifications that the circumstances require. Admissions for purposes of the proceedings (2) A party is deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response (a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or (b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal. Costs 58 If a party denies or refuses to admit the truth of a fact or the authenticity of a document after receiving a request to admit, and the fact or authenticity of the document is subsequently proved at the hearing, the Tribunal may take the denial or refusal into account in exercising its discretion respecting costs. Withdrawal of admission 59 An admission made in response to a request to admit, a deemed admission under rule 57 or an admission Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Admissions Sections 59-62 in a pleading may be withdrawn on consent of the other party or with leave of the Tribunal. Discovery Affidavit of documents 60 (1) The applicant and each respondent who has filed a response shall, within the time prescribed at a case management conference, serve an affidavit of documents on each other party. Content (2) An affidavit of documents shall include (a) a list identifying the documents that are relevant to any matter in issue and that are or were in the possession, power or control of the party; (b) any claim that a document is confidential or contains confidential information; (c) any claim that a document is privileged; and (d) a statement of the grounds for each claim of privilege. Power of the Tribunal 61 Upon the motion of a party who has served an affidavit of documents and who opposes a claim for privilege of another party, the Tribunal may inspect the document and determine the validity of the claim. Application of deemed undertaking 62 (1) This rule applies to evidence obtained during documentary, written and oral discovery and information obtained from that evidence. Deemed undertaking (2) All parties and their counsel are deemed to undertake not to use evidence or information to which this rule applies for any purposes other than those of the proceeding in which the evidence was obtained. Exceptions (3) Subrule (2) does not prohibit Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Discovery Sections 62-64 (a) a use to which the person who disclosed the evidence consents; (b) the use, for any purpose, of (i) evidence that is filed with the Tribunal, (ii) evidence that is given or referred to during a hearing; or (iii) information obtained from evidence referred to in subparagraph (i) or (ii), (c) the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding, or (d) the use of evidence or information in a subsequent Tribunal proceeding. Non-application (4) If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the Tribunal may, on motion, order that the deemed undertaking referred to in subrule (2) does not apply to the evidence or to information obtained from it, and may impose any terms and give any directions that are just. Supplementary affidavit 63 A party who has served an affidavit of documents and who comes into possession or control of or obtains power over a relevant document, or who becomes aware that the affidavit of documents is inaccurate or deficient, shall as soon as possible serve a supplementary affidavit of documents listing the document or correcting the inaccuracy or deficiency. Examination for discovery 64 (1) Examination for discovery shall occur as of right. Power of the Tribunal (2) The Tribunal may, in case management, make rulings to deal with the timing, duration, scope and form of the discovery as well as the appropriate person to be discovered. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Access to Documents Sections 65-67 Access to Documents Access to documents 65 Subject to any confidentiality order under rule 66, a party who has served an affidavit of documents on another party shall allow the other party to inspect and make copies of the documents listed in the affidavit, unless those documents are subject to a claim for privilege or are not within the party’s possession, power or control. Confidentiality order 66 (1) The Tribunal may order that a document or information in a document be treated as confidential and make any order that it deems appropriate, (a) upon the motion of a party who has served an affidavit of documents; or (b) upon the motion of a party or intervenor who has filed or will file the document. Clarification (2) For greater certainty, the Tribunal may issue a single confidentiality order to cover the documents or information under paragraphs (1)(a) and (b). Content of motion 67 The party or intervenor making a motion referred to in rule 66 shall (a) include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information; and (b) include in the motion a draft confidentiality order including the following elements, namely, (i) a description of the document or information or the category of documents or information for which the person seeks the confidentiality order, (ii) the identification of the person or category of persons who are entitled to have access to the confidential document or information, (iii) any document or information or category of documents or information to be made available to the person or category of persons referred to in subparagraph (ii), (iv) any written confidentiality agreement to be signed by the person or persons referred to in Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Access to Documents Sections 67-69 subparagraph (ii) and the provisions of that agreement, (v) the number of copies of any confidential document to be provided to the person or persons referred to in subparagraph (ii) and any limitation on subsequent reproduction of that document by that person or those persons, and (vi) the disposal of the confidential document following the final disposition of the proceeding. Pre-hearing Disclosure List of documents and witness statements 68 (1) The applicant shall, at least 60 days before the commencement of the hearing, serve on every other party and on all intervenors (a) a list of documents on which the applicant intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and (b) witness statements setting out the lay witnesses’ evidence in chief in full. Content of witness statements (2) Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents. Response 69 (1) Each respondent shall, at least 30 days before the commencement of the hearing, serve in response on every other party and on all intervenors (a) a list of documents on which the respondent intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and (b) witness statements setting out the lay witnesses’ evidence in chief in full. Content of witness statements (2) Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Pre-hearing Disclosure Sections 70-74 Reply 70 The applicant may, at least 15 days before the commencement of the hearing, serve in reply on every other party and on all intervenors (a) any additional reply documents on which the applicant intends to rely at the hearing as a result of the respondent’s disclosure, and any waiver of privilege; and (b) any new reply witness statements or additions to existing witness statements to deal with any issues raised in the reply. Evidence at the Hearing Sanctions 71 If a document has not been disclosed in the affidavit of documents and in the pre-hearing disclosure, or if privilege has not been waived for such a document, it shall not be received in evidence at the hearing unless the Tribunal orders otherwise. Records to be admitted in evidence 72 The Commissioner shall provide a list of the documents to be admitted in evidence without further proof in accordance with section 69 of the Act at least 45 days before the commencement of the hearing. Information under par. 11(1)(a) of the Act 73 The Commissioner may move for authorization from the Tribunal to read into evidence information obtained under paragraph 11(1)(a) of the Act. Evidence in chief 74 (1) The evidence in chief of each lay witness shall be tendered by way of the statement referred to in rules 68 to 70 and consist of their full statement of evidence and relevant documents or references to those documents. Witness statements (2) Witness statements of lay witnesses shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. Tribunal may read (3) The Tribunal may read the material provided, unless a party makes a valid objection. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Evidence at the Hearing Sections 74-77 Witness must attend (4) A witness statement may be received in evidence at the hearing only if the witness is in attendance and available for cross-examination or questioning by the Tribunal. Evidence in chief (5) The lay witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the statement. Witness Panels Witness panels 75 The Tribunal may require that some or all of the witnesses testify as a panel at any time that the Tribunal may determine. Manner of testimony 76 (1) The Tribunal shall direct the manner in which the panel shall testify. Cross-examination and re-examination (2) Counsel may cross-examine or re-examine witnesses. Expert Evidence Expert report 77 (1) At least 60 days before the commencement of the hearing, an applicant who intends to introduce evidence of an expert witness at the hearing shall serve the report of the expert witness on each other party and any intervenors. Responding report (2) At least 30 days before the commencement of the hearing, a respondent may serve a responding expert report on each other party and any intervenors. Reply report (3) The applicant may, at least 15 days before the commencement of the hearing, serve an expert reply report on each other party and any intervenors. Content of report (4) A report referred to in any of subrules (1) to (3) shall include a full statement of the evidence of the expert witness, the expert’s qualifications as an expert and a list of the sources and documents relied upon in the report. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Expert Evidence Sections 78-80 Expert report provided to the registry 78 (1) Unless otherwise ordered during case management, a report referred to in rule 77 shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. Tribunal may read (2) The Tribunal may read the report provided, unless a party makes a valid objection. Record (3) The report shall not form part of the record until it is received in evidence at the hearing. Examination of expert witness 79 A report referred to in rule 77 shall not be read aloud at the hearing but the expert witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the report and may be cross-examined and re-examined. Tribunal-appointed expert 80 (1) The Tribunal may, at any time, by order appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in a proceeding. Agreed upon expert (2) The parties may jointly recommend an expert to the Tribunal. Submissions (3) The parties may make submissions about the terms of the order. Content of order (4) The order shall contain the following information: (a) the name of the expert being appointed and the expert’s qualifications; (b) the instructions given to the expert with respect to the preparation of the report; (c) the questions to be posed to the expert; (d) the date on which the report of the expert is to be provided to the Tribunal; (e) the nature and extent of the expert’s participation in the proceeding; and (f) the remuneration to be paid to the expert. Current to June 20, 2022 Competition Tribunal Rules PART 2 Contested Proceedings Expert Evidence Sections 80-82 Service of report (5) The Registrar shall serve a copy of the report on every party and any intervenor. Case record (6) The report shall be made part of the case record. Response (7) Any party may file a written response to the expert’s report and may examine the expert. The order and nature of such examinations shall be determined by the Tribunal. Further or supplementary report (8) The Tribunal may order the expert to make a further or supplementary report, and subrules (4) to (7) apply to that report. Liability for payment (9) The liability for payment of the remuneration of the expert shall be determined by the Tribunal at any time after the conclusion of the hearing following receipt of submissions on that issue. PART 3 Motions Informal Procedure Informal procedure 81 (1) Except in the case of a motion for summary disposition, if these Rules provide that relief shall be sought by way of motion, a party may begin by informally requesting relief by sending a letter to the registry and serving the letter on the other parties and on any intervenor, who shall respond promptly. Tribunal direction (2) The Tribunal may issue a direction resolving a matter for which relief is requested under subrule (1) or direct the party to proceed by way of motion. Formal Procedure Application 82 Rules 83 to 88 apply to all motions except for a motion for leave to intervene referred to in rule 42 or a motion for summary disposition referred to in rule 89. Current to June 20, 2022 Competition Tribunal Rules PART 3 Motions Formal Procedure Sections 83-87 Notice of motion 83 (1) A motion shall be commenced by notice of motion, setting out the grounds for the motion and the order sought. Content (2) A notice of motion shall be accompanied by any supporting affidavits and other admissible evidence. Service (3) The moving party shall serve the notice of motion on each other party and any intervenors and file the notice of motion with proof of service. Disposition without hearing 84 (1) A moving party may request in writing that the Tribunal dispose of the motion without a hearing. Disposition with a hearing (2) If a hearing is to be held, the notice of motion shall indicate that the motion is returnable at a date and time and in a manner directed by the Tribunal. Service of response 85 (1) A party or intervenor served with a notice of motion may, no later than seven days after being served, serve on the moving party and on each other party and intervenor a response stating the grounds on which the motion is opposed and any supporting affidavits. Filing (2) The response and supporting affidavits, if any, shall be filed with proof of service within the period set out in subrule (1). Decision without a hearing 86 The responding party may request in writing that the Tribunal dispose of the motion without a hearing. Evidence and memorandum 87 The moving party and the responding party shall, no later than 10 days after the service of the response, serve on each other party and on any intervenors and file with proof of service (a) any supplementary evidence to be relied on by the party, including transcripts; and (b) a memorandum of fact and law. Current to June 20, 2022 Competition Tribunal Rules PART 3 Motions Formal Procedure Sections 88-90 Testimony by affidavit 88 (1) Subject to subrule (2), testimony on a motion shall be by affidavit. Oral testimony (2) The judicial member designated to preside at the hearing of a motion may, before or during the hearing, grant leave for oral testimony in relation to an issue raised in the notice of motion. Motion for Summary Disposition Notice of motion 89 (1) A motion for summary disposition under subsection 9(4) of the Competition Tribunal Act shall be commenced by a notice of motion, which shall set out the grounds for the motion and the order sought. Timing (2) A party to an application may bring a motion for summary disposition under subsection 9(4) of the Competition Tribunal Act after the respondent has filed a response to the application and at a time that enables the moving party to meet the deadline for the hearing of motions prescribed during a case management conference. Content (3) The notice of motion shall be accompanied by (a) a memorandum of fact and law; and (b) any supporting affidavits and other admissible evidence. Service (4) The moving party shall serve the notice of motion and the accompanying documents referred to in subrule (3) on each other party and any intervenors and shall file those documents with proof of service. Response 90 (1) A party served with a motion for summary disposition may, no later than 10 days after being served, serve a response on the moving party and on each other party and any intervenors. Content (2) The response shall be accompanied by (a) a memorandum of fact and law; and Current to June 20, 2022 Competition Tribunal Rules PART 3 Motions Motion for Summary Disposition Sections 90-95 (b) any supporting affidavits and other admissible evidence. Filing (3) The response and accompanying documents referred to in subrule (2) shall be filed with proof of service within the period set out in subrule (1). Genuine basis for application (4) A response to a motion for summary disposition shall not rest merely on allegations or denials of the pleadings of the moving party, but must set out specific facts showing that there is a genuine basis for the application or the response to the application. Testimony 91 Unless otherwise ordered, there shall be no oral testimony on a motion for summary disposition. Power of the Tribunal 92 The Tribunal may dismiss or allow the application in whole or in part in accordance with subsection 9(5) of the Competition Tribunal Act. Motion — refused or granted in part 93 If a motion for summary disposition is refused or is granted only in part, the Tribunal may make an order specifying any issues that are not in dispute and defining the issues to be determined. Motion refused 94 If a motion for summary disposition is refused, the moving party may not make a further motion under rule 89 without leave of the Tribunal. PART 4 Interim or Temporary Orders Application Application of Part 95 This Part applies to applications for Current to June 20, 2022 Competition Tribunal Rules PART 4 Interim or Temporary Orders Application Sections 95-98 (a) temporary orders made under subsection 74.11(1) of the Act in deceptive marketing practices cases before the Commissioner completes an inquiry and extensions to those temporary orders under subsection 74.11(5) of the Act; (b) interim orders made under subsection 100(1) of the Act in merger cases before the Commissioner completes an inquiry and extensions to those interim orders under subsection 100(7) of the Act; (c) interim orders made under subsection 103.3(1) of the Act in reviewable practices cases before the Commissioner completes an inquiry and extensions to those interim orders under subsections 103.3(5) and (5.3) of the Act or variations to them under subsection 103.3(7) of the Act; and (d) interim orders made under subsection 104(1) of the Act in merger and reviewable practices cases after an application has been made to the Tribunal. Notice of application 96 (1) Applications for interim or temporary orders and extensions to those orders shall be made by filing a notice of application, which shall set out the grounds for the application and the order sought. Content (2) The notice of application shall be accompanied by any supporting affidavits that the applicant intends to rely on. Service and filing (3) In respect of applications made under subsection 104(1) of the Act, rule 37 applies to the service and filing of the notice of application, with any modifications that the circumstances require. Language of Hearing Official language 97 A person against whom an interim order or a temporary order is sought shall inform the Registrar as soon as possible of the official language that that person intends to use at the hearing. Ex Parte Orders Service of ex parte orders 98 (1) Any ex parte order of the Tribunal shall be served by the Commissioner on the person against whom the order was obtained. Current to June 20, 2022 Competition Tribunal Rules PART 4 Interim or Temporary Orders Ex Parte Orders Sections 98-100 Time and manner of service (2) The time and manner for effecting service shall be established by the Tribunal according to the circumstances. Application to Vary or Set Aside Interim Orders Notice of application 99 (1) An application under subsection 103.3(7) of the Act to vary or set aside an interim order under subsection 103.3(1) of the Act shall be made by filing an application that satisfies the requirements of rule 96. Service (2) The applicant shall, within 48 hours after a notice of application is filed, serve the application referred to in subrule (1) on the Commissioner. Proof of service (3) The applicant shall, within 48 hours after the service of the application, file proof of service. PART 5 Specialization Agreements Notice of application 100 (1) An application under subsection 86(1) of the Act for the registration of an agreement as a specialization agreement shall be made by filing a notice of application to which is appended a copy of the agreement. Form and content (2) A notice of application shall be signed by the applicant or on behalf of the applicant and shall set out, in numbered paragraphs, (a) the name and address of each party to the agreement; (b) whether the agreement has been entered into or is about to be entered into; (c) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the Current to June 20, 2022 Competition Tribunal Rules PART 5 Specialization Agreements Sections 100-102 agreement is a specialization agreement and that implementation of the agreement will achieve the results described in paragraph 86(1)(a) of the Act; (d) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the circumstances described in paragraph 86(1)(b) of the Act exist; (e) the period for which registration of the agreement is requested; and (f) the official language that the applicant intends to use in the proceedings. Service (3) The applicant shall, within five days after a notice of application is filed, serve the notice on the Commissioner. Proof of service (4) The applicant shall, within five days after service of the notice of application, file proof of service. Notice of appearance 101 (1) The Commissioner may, within 14 days after being served with a notice of application in accordance with subrule 100(3), serve a notice of appearance on the applicant and shall file it with proof of service. Service and filing (2) The Commissioner shall, within 30 days after serving a notice of appearance, (a) serve on the applicant a concise statement of the grounds on which the application is opposed or supported and the material facts relevant to those grounds on which the Commissioner relies; and (b) file the statement with proof of service. Motion for registration 102 (1) If the Commissioner has not filed a notice of appearance or a statement within the applicable period set out in subrule 101(1) or (2), the applicant may move for an order directing that the agreement be registered. Decision (2) On a motion under subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any Current to June 20, 2022 Competition Tribunal Rules PART 5 Specialization Agreements Sections 102-106 evidence that it may require, make any order that it deems appropriate. Reply 103 (1) An applicant may, within 14 days after being served with a statement, serve on the Commissioner a reply dealing with the matters raised in the statement. Filing (2) The applicant shall file the reply with proof of service. Deemed denied (3) If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the statement. Modification and removal 104 The provisions of this Part relating to an application for the registration of an agreement apply, with any modifications that the circumstances require, to every application (a) under subsection 87(1) of the Act with respect to the registration of a modification to a specialization agreement; or (b) under subsection 87(2) of the Act with respect to the removal of a specialization agreement or of a modification to a specialization agreement from the register. PART 6 Consent Agreements Application of Part 105 This Part applies in respect of all consent agreements filed under sections 74.12 and 105 of the Act. Registration of consent agreements 106 (1) A consent agreement under section 74.12 or 105 of the Act shall be made by filing the agreement. Content (2) The consent agreement shall be signed by the parties to the agreement and shall set out (a) the sections of the Act under which the agreement is made; Current to June 20, 2022 Competition Tribunal Rules PART 6 Consent Agreements Sections 106-110 (b) the name and address of each person in respect of whom the agreement is sought; and (c) the terms of the agreement. Translation (3) A translation of the consent agreement in the other official language shall be filed within 10 days after the filing of the agreement. PART 7 References Application of Part 107 This Part applies to every reference made to the Tribunal under section 124.2 of the Act. Notice of reference 108 (1) A reference shall be made by filing a notice of the reference under subsection 124.2(2) of the Act or a joint notice under subsection 124.2(1) of the Act that sets out (a) the name of the applicant; and (b) the question being referred. Reference record (2) A notice of reference shall be accompanied by a reference record, which may include any affidavit setting out the facts on which the reference is based or an agreed statement of facts, and shall include a memorandum of fact and law. Service 109 (1) In the case of a reference made by the Commissioner and arising in proceedings before the Tribunal, the Commissioner shall serve the notice of reference and the reference record on all other parties to the proceeding and on any intervenors. Service by other parties (2) Any other party to the proceedings in which the reference arises may serve and file a responding reference record within 14 days after being served with the notice of reference. Amicus curiae 110 (1) Without restricting the general powers of the Tribunal to appoint an amicus curiae in appropriate circumstances, the Tribunal may appoint an amicus curiae Current to June 20, 2022 Competition Tribunal Rules PART 7 References Sections 110-114 when the Commissioner files a notice of reference under subsection 124.2(2) of the Act. Fees and disbursements (2) The fees and disbursements related to the amicus curiae shall be fixed by the Tribunal and be paid by the party designated by the Tribunal after hearing submissions. Leave to refer in a private access case 111 (1) An application for leave to refer a question to the Tribunal under subsection 124.2(3) of the Act shall be made by filing a notice of the application for leave. Content (2) The notice of application for leave shall include the following information and documents: (a) the name of the applicant; (b) the notice of reference; (c) an affidavit setting out the facts to be relied on, if any; and (d) a memorandum of fact and law. Notice to the Commissioner 112 The parties shall, within five days after a notice of application for leave to refer a question is filed, serve the notice of the application for leave on the Commissioner. Power of Tribunal 113 (1) The Tribunal may grant an application for leave to refer a question, with or without conditions, or refuse the application. Leave granted (2) If leave is granted, a notice of reference shall be filed, accompanied by the reference record, in accordance with rule 108. PART 8 Private Access Application of Part 114 This Part applies to applications for leave under subsection 103.1(1) of the Act and to consent agreements filed by persons other than the Commissioner. Current to June 20, 2022 Competition Tribunal Rules PART 8 Private Access Sections 114-119 Application for leave 115 (1) An application under subsection 103.1(1) of the Act for leave to make an application under section 75 or 77 of the Act shall be made by filing an application for leave including an affidavit setting out the facts in support of the proposed application, a proposed notice of application and a memorandum of fact and law. Information (2) The proposed notice of application under section 75 or 77 of the Act shall set out the information referred to in subrule 36(2). Service 116 (1) The applicant shall, within five days after the application for leave is filed, serve a copy of the application for leave on each person against whom an order is sought and on the Commissioner. Proof of service (2) The applicant shall, within five days after the service of the copy of the application for leave, file proof of service. Certification by the Commissioner 117 The certification by the Commissioner under subsection 103.1(3) of the Act shall be made by filing a letter. Notice by the Tribunal 118 The Tribunal shall, within five days after receiving the Commissioner’s certification, notify the applicant, the Commissioner and any person against whom an order is sought under section 75 or 77 of the Act as to whether the hearing of the application for leave is precluded by the operation of subsection 103.1(4) of the Act. Representations in writing 119 (1) A person served with an application for leave referred to in rule 115 who wishes to oppose the application shall, within 15 days after receiving the Tribunal’s notice under rule 118, (a) serve a copy of their representations in writing on the applicant, on any other person against whom the order is sought and on the Commissioner; and (b) file the representations with proof of service. Current to June 20, 2022 Competition Tribunal Rules PART 8 Private Access Sections 119-124 Content (2) Representations in writing shall contain a memorandum of fact and law and shall set out the official language the person opposing the application intends to use. Affidavit evidence (3) Representations in writing shall not contain affidavit evidence, except with leave of the Tribunal. Reply 120 The person making an application for leave under section 103.1 of the Act may serve a reply on each person against whom an order is sought and on the Commissioner within seven days after being served with the representations in writing under rule 119 and shall file the reply with proof of service. Decision without oral hearing 121 The Tribunal may render its decision on the basis of the written record without a formal oral hearing. Power of Tribunal 122 The Tribunal may grant the application for leave to make an application, with or without conditions, or refuse the application. Service 123 The Registrar shall serve the decision without delay on the applicant, on each person against whom an order is sought and on the Commissioner who may intervene under section 103.2 of the Act. Leave granted 124 (1) If leave is granted in full, the notice of application that the applicant proposed to file is, for the purposes of the proceedings, deemed to have been filed and served on the date on which the order granting leave was made. Leave granted in part (2) If leave is granted in part, an amended notice, in accordance with the order granting leave, shall be filed and served within five days after the order is made. Current to June 20, 2022 Competition Tribunal Rules PART 8 Private Access Sections 125-129 Registration 125 The filing of a consent agreement by parties to a private action under section 106.1 of the Act shall be made in accordance with rule 106. Publication 126 (1) After the filing of a consent agreement by parties to a private action under section 106.1 of the Act, the Registrar shall publish without delay a notice in the Canada Gazette. Content (2) The notice shall state (a) that a consent agreement has been filed for registration; (b) the name of each party to the agreement; (c) the text of the agreement; (d) that access to the agreement and any documents filed in the matter may be obtained at the office of the Registrar; and (e) the date on or before which an application made under subsection 106.1(4) of the Act for the cancellation or replacement of the agreement must be filed. Service 127 A copy of a notice of application made by a third party to cancel or replace a consent agreement between parties to a private action shall be served on the Commissioner within five days after the notice of application is filed. PART 9 Application for a Loan Order Notice 128 Before filing an application with the Tribunal for a loan order under subsection 30.19(2) of the Act, the Commissioner or the representative of the Commissioner shall give notice in writing to the Chairperson and to the parties to the proceedings. Filing 129 (1) The Commissioner or the representative of the Commissioner shall file the notice referred to in rule 128 Current to June 20, 2022 Competition Tribunal Rules PART 9 Application for a Loan Order Sections 129-132 at least 10 days before filing the application for a loan order. Service (2) The Commissioner or the representative of the Commissioner shall, within five days after the notice is filed, serve it on the parties to the proceedings. Notice of application 130 (1) An application for a loan order by the Commissioner or the representative of the Commissioner shall be made by filing a notice of application. Content (2) A notice of application shall be in accordance with the requirements set out in subsection 30.19(3) of the Act and shall set out, in numbered paragraphs, (a) the sections of the Act under which the application is made; (b) the names of the parties to the proceedings; (c) a concise statement of the grounds on which the application for a loan order is made and of the material facts on which the Commissioner relies; (d) the terms of the loan order sought; and (e) the official language that the Commissioner intends to use in the proceedings. Service 131 (1) The Commissioner shall, within five days after a notice of application for a loan order is filed, serve the notice on the parties to the proceedings. Proof of service (2) The Commissioner shall, within five days after the service of the notice of application, file proof of service. Response 132 (1) A person served with a notice of application for a loan order under subsection 30.19(2) of the Act and who wishes to oppose the application shall, within 15 days after receiving the notice of application, (a) serve a response on the Commissioner and the other parties to the proceedings; and (b) file the response with proof of service. Current to June 20, 2022 Competition Tribunal Rules PART 9 Application for a Loan Order Sections 132-135 Form and content (2) A response shall set out, in numbered paragraphs, (a) a concise statement of the grounds on which the application for a loan order is opposed and of the material facts on which the person opposing the application relies; (b) an admission or denial of each ground and of each material fact relevant to each ground set out in the application for a loan order; and (c) the official language that the person opposing the application for a loan order intends to use in the proceedings. Decision 133 (1) The Tribunal may render its decision on the basis of the written record without a formal oral hearing. Power of the Tribunal (2) The Tribunal may grant the application for a loan order, with or without conditions, or refuse the application. PART 10 Case Management Definition of judicial member 134 (1) For the purposes of this Part, judicial member means the Chairperson or a judicial member designated by the Chairperson. Powers of a judicial member (2) Case management duties do not preclude a judicial member from presiding at the hearing of an application or reference. Case management conferences 135 (1) Subject to subrules (2) and (3), the judicial member shall conduct one or more case management conferences as soon as is practicable after the end of the period for filing a reply, or after the filing of a notice of reference, or sooner if indicated by the circumstances. Specialization agreements (2) In the case of an application for the registration of a specialization agreement, the judicial member shall conduct a case management conference as soon as is practicable after the Commissioner has filed proof of service of a notice of appearance in accordance with subrule 101(1). Current to June 20, 2022 Competition Tribunal Rules PART 10 Case Management Sections 135-137 Loan order (3) In the case of an application for a loan order, if the judicial member deems that a hearing is necessary, the judicial member shall consult the parties with respect to any case management procedures within seven days after proof of service of the response to the application for a loan order has been filed. Directions re scheduling 136 The judicial member shall issue directions with respect to the scheduling of case management conferences. Direction regarding list of matters to be considered 137 (1) The judicial member may include in the directions referred to in rule 136 a list of the matters to be considered at the case management conference and may require the filing of memoranda regarding any of those matters. Matters to be considered (2) Those matters may include (a) the start date, duration and location of the hearing, as well as the medium for the hearing; (b) any pending or anticipated motions, and a deadline date for the hearing of motions; (c) any issues of confidentiality; (d) the clarification, simplification and elimination of issues; (e) the possibility of obtaining admissions of particular facts or documents, including an agreed statement of facts; (f) a deadline for the completion of discovery, related motions and answering undertakings; (g) the official language to be used for the pleadings and the hearing, as well as the official language in which each witness shall testify; (h) in the case of a reference, the determination of whether there shall be oral evidence; (i) a timetable for the exchange or serving and filing of the various documents related to the hearing, including affidavits of documents, joint briefs of authorities and agreed books of documents; (j) any matter relating to pre-hearing disclosure; (k) a timetable to be followed by the intervenors; Current to June 20, 2022 Competition Tribunal Rules PART 10 Case Management Sections 137-140 (l) all matters related to expert witnesses, including the possibility of experts meeting before a hearing to answer questions posed by the Tribunal; (m) any amendments to the pleadings; (n) the advisability of a pre-hearing reference or determination of a question of law; (o) any requirement for a notice of a constitutional question; (p) a timetable for the subsequent case management conferences; and (q) any other matters that may aid in the disposition of the application. Order 138 After a case management conference, the Tribunal shall issue an order stating any rulings by the Tribunal relating to the matters considered at the case management conference. Firm requirements 139 (1) The dates set and other requirements established by case management orders are firm. Variation (2) A request for a variation must be made by motion showing that compelling reasons exist for a change in the order. Tribunal may amend (3) If the Tribunal is satisfied that compelling reasons exist for a change in the order, it may amend it. PART 11 Transitional Provision and Repeal Transitional Provision Proceeding already commenced 140 These Rules apply only to proceedings commenced after these Rules come into effect. Current to June 20, 2022 Competition Tribunal Rules PART 11 Transitional Provision and Repeal Repeal Section 141 Repeal 141 [Repeal] Current to June 20, 2022 Competition Tribunal Rules SCHEDULE 1 SCHEDULE 1 (Subrule 11(1)) Affidavit of Service of an Originating Document Competition Tribunal (title of proceedings) I, (full name), resident at (address), swear [affirm] that: 1 individual On (date), at (time), I served (name of individual served) with (name of document) by leaving a certified copy with that person at (address where service was made). 2 partnership On (date), at (time), I served (name of partnership served) with the (name of document) by leaving a certified copy with (name of partner) at (address where service was made). 3 corporation On (date), at (time), I served (name of corporation served) with the (name of document) by leaving a certified copy with (name and position of the officer or person apparently in charge of the head office or a branch of the corporation) at (address where service was made). 4 Commissioner On (date), at (time), I served the Commissioner with the (name of document) by leaving a certified copy with (name of the person with whom the copy was left) at (address where service was made). 5 a person represented by counsel who is willing to accept service (a) On (date), at (time), I served (name of person represented) with the (name of document) by leaving a certified copy with (name of legal counsel), counsel for (name of person represented), at (address where service was made). (b) (Name of counsel) informed me that [he/she] was willing to accept service on behalf of (name of person represented by counsel). SWORN etc. (Signature of deponent) Current to June 20, 2022 Competition Tribunal Rules SCHEDULE 2 SCHEDULE 2 (Subrule 11(1)) Affidavit of Service of a Document Other than an Originating Document Competition Tribunal (title of proceedings) I, (full name), resident at (address), swear [affirm] that: 1 by leaving a copy On (date), at (time), I served (name of person served) with the (name of document) by leaving a copy of the document at (address of person or of counsel’s office where service was made). 2 by sending a copy by facsimile transmission On (date), at (time), I served (name of person served) with the (name of document) by sending a copy of the document, including a cover page, by facsimile transmission to (name of person or counsel) at (fax number). 3 by sending a copy by registered mail and obtaining an acknowledgement of receipt (a) On (date), at (time), I sent the (identify document) by registered mail to (name of person or counsel) at (address of person or of counsel’s office). (b) I attach an acknowledgement of receipt indicating that the document was received on (date). SWORN etc. (Signature of deponent) Current to June 20, 2022 Competition Tribunal Rules SCHEDULE 3 SCHEDULE 3 (Subrule 11(2)) Counsel’s Certificate of Service I, (name of counsel or designate), counsel (or designate of legal counsel), certify that on (date of service), I caused (name of party served) to be duly served with (name of document), by (method of service), on behalf of (party on behalf of whom the document is served). (Signature of counsel or designate) Current to June 20, 2022

CONSOLIDATION Canada Post Corporation Pension Plan Funding Regulations SOR/2022-79 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 Canada Post Corporation Pension Plan Funding Regulations Definitions and Application 1 Definitions Defined benefit plan Payment Relief 3 Solvency special payments Solvency ratio Information Cessation of Effect 6 December 31, 2024 Coming into Force 7 Registration Current to June 20, 2022 ii Registration SOR/2022-79 April 7, 2022 PENSION BENEFITS STANDARDS ACT, 1985 Canada Post Corporation Pension Plan Funding Regulations P.C. 2022-343 April 6, 2022 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance and pursuant to paragraphs 39(1)(h.2)a and (o) of the Pension Benefits Standards Act, 1985b, makes the annexed Canada Post Corporation Pension Plan Funding Regulations. a S.C. 2010, c. 12, s. 1820(2) b R.S., c. 42 (2nd Supp.) Current to June 20, 2022 Canada Post Corporation Pension Plan Funding Regulations Definitions and Application Definitions 1 The following definitions apply in these Regulations. 1985 Regulations means the Pension Benefits Standards Regulations, 1985 (Règlement de 1985) Act means the Pension Benefits Standards Act, 1985. (Loi) solvency special payment means a special payment required under paragraph 9(4)(c) or (d) of the 1985 Regulations. (paiement spécial de solvabilité) Defined benefit plan 2 These Regulations apply to the Canada Post Corporation’s defined benefit plan in respect of which certificate of registration number 57136 has been issued by the Superintendent under the Act. Payment Relief Solvency special payments 3 Despite paragraphs 9(4)(c) and (d) of the 1985 Regulations, no solvency special payment is required in respect of a plan year ending after the coming into force of these Regulations. Solvency ratio 4 Despite subsections 9.3(1) and (3) of the 1985 Regulations, the prescribed solvency ratio level for the purposes of paragraphs 10.1(2)(c) and (d) of the Act is 1.05. Information 5 The following information is prescribed, in addition to the information referred to in subsections 23(1) and (1.1) of the 1985 Regulations, for the purposes of subparagraphs 28(1)(b)(iv) and (b.1)(ii) of the Act: (a) the amount of the plan’s solvency deficiency as shown in the last actuarial report filed with the Superintendent; Current to June 20, 2022 Canada Post Corporation Pension Plan Funding Regulations Payment Relief Sections 5-7 (b) the amount of any payments that are required to be made for the plan year covered by the statement; and (c) the amount of any solvency special payments that, but for section 3, would have been required for the plan year. Cessation of Effect December 31, 2024 6 These Regulations cease to have effect on December 31, 2024. Coming into Force Registration 7 These Regulations come into force on the day on which they are registered. Current to June 20, 2022

CONSOLIDATION Canadian Egg Licensing Regulations, 1987 SOR/87-242 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 Regulations Respecting the Licensing of Persons Who Are Engaged in the Marketing of Eggs in Interprovincial or Export Trade Short Title Interpretation Application General SCHEDULE I SCHEDULE II Current to June 20, 2022 ii Registration SOR/87-242 April 24, 1987 FARM PRODUCTS AGENCIES ACT Canadian Egg Licensing Regulations, 1987 Whereas the Governor in Council has by the Canadian Egg Marketing Agency Proclamation, C.R.C., c. 646 established the Canadian Egg Marketing Agency pursuant to subsection 17(1) of the Farm Products Marketing Agencies Act*; And Whereas the Canadian Egg Marketing Agency has been authorized to implement a marketing plan pursuant to the Canadian Egg Marketing Agency Proclamation; Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 23(1)(f) of the Farm Products Marketing Agencies Act and section 9 of Part II of the schedule to the Canadian Egg Marketing Agency Proclamation, hereby revokes the Canadian Egg Licensing Regulations, C.R.C., c. 655 and makes the annexed Regulations respecting the licensing of persons who are engaged in the marketing of eggs in interprovincial or export trade, in substitution therefor. Ottawa, March 26th, 1987 The National Farm Products Marketing Council, being satisfied that the making of the annexed Regulations is necessary for the administration of the marketing plan that the Canadian Egg Marketing Agency is authorized to implement, pursuant to paragraph 7(1)(e) of the Farm Products Marketing Agencies Act*, hereby approves the revocation of the Canadian Egg Licensing Regulations, C.R.C., c. 655 and the making of the annexed Regulations respecting the licensing of persons who are engaged in the marketing of eggs in interprovincial or export trade, made by the Canadian Egg Marketing Agency on March 26th, 1987, in substitution therefor. Ottawa, April 21, 1987 * S.C. 1970-71-72, c. 65 Current to June 20, 2022 Regulations Respecting the Licensing of Persons Who Are Engaged in the Marketing of Eggs in Interprovincial or Export Trade Short Title 1 These Regulations may be cited as the Canadian Egg Licensing Regulations, 1987. Interpretation 2 In these Regulations, Agency means the Canadian Egg Marketing Agency; (Office) buyer means a person who buys eggs for resale and includes a retailer, grading station operator, dealer and processor; (acheteur) egg means the egg of a hen of any class of the domestic chicken belonging to the species Gallus Domesticus; (œuf) licence means a buyer’s licence or a seller’s licence issued pursuant to section 5; (permis) marketing means, in relation to eggs, selling and offering for sale, buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form; (commercialisation) producer means a person engaged in the production of eggs in Canada; (producteur) seller means a person who sells eggs and includes a retailer, grading station operator, dealer and producer. (vendeur) Application 3 These Regulations apply to persons who are engaged in the marketing of eggs in interprovincial or export trade in any province, including the Northwest Territories and the Yukon Territory, except persons who are buyers of less than 300 dozen eggs per month. SOR/88-488, s. 1. Current to June 20, 2022 Canadian Egg Licensing Regulations, 1987 General Sections 4-7 General 4 (1) Subject to subsections (2) and (3), no person shall engage in the marketing of eggs in interprovincial or export trade unless the person holds an appropriate licence. (2) Every person who engages in the marketing of eggs in interprovincial or export trade, other than a producer, shall hold a separate licence in respect of each building used in the person’s marketing operation. (3) Every person who engages in the marketing of eggs in interprovincial or export trade as a buyer and as a seller shall hold a buyer’s licence and a seller’s licence. 5 Subject to section 8, the Agency shall, on receipt of an application for a licence and payment of the fee set out in Column II of an item of Schedule I, issue the licence. 6 A licence (a) expires one year after the date of issue; and (b) is not transferable. 7 (1) Every licence shall be subject to the following conditions: (a) subject to subsection (2), the holder of the licence shall submit to the Agency for the periods set out in the licence a report containing the information set out in Schedule II; (b) the holder of the licence shall comply with all orders and regulations of the Agency and all orders of the National Farm Products Council; (c) the holder of the licence shall keep complete and accurate books containing, for each transaction of the holder of the licence in relation to the marketing of eggs in interprovincial and export trade, (i) the date of the transaction, (ii) the name, address and licence number of the other holder of a licence, from whom the eggs were bought or to whom the eggs were sold, (iii) the quantity and price per dozen of the eggs bought or sold, and (iv) if the eggs bought or sold are graded, the grade of the eggs; Current to June 20, 2022 Canadian Egg Licensing Regulations, 1987 General Sections 7-10 (d) the holder of the licence shall not knowingly engage in the marketing of eggs in interprovincial trade except with a person who holds a licence; (e) the holder of the licence shall not knowingly engage in the marketing of eggs in interprovincial or export trade except in eggs that have been produced by a producer authorized to do so under a federal quota allotted to the producer pursuant to the Canadian Egg Marketing Agency Quota Regulations, 1986; and (f) the holder of the licence shall retain the books referred to in paragraph (c) for six years after the date of the last entry made in the books. (2) Paragraph (1)(a) does not apply to the holder of a licence who is a retailer who sells fewer than 300 dozen eggs per month. SOR/88-488, s. 2; SOR/94-164, s. 1. 8 The Agency may refuse to issue or renew a licence or may suspend or revoke a licence where the applicant or holder of the licence (a) has failed to observe any condition of the licence; or (b) is in contravention of any order, regulation or directive made pursuant to a provincial egg marketing plan established under the “Federal-Provincial Agreement in respect of the revision and consolidation of the Comprehensive Marketing Program for the purpose of regulating the marketing of Eggs in Canada”, authorized by Order in Council P.C. 1976-1979. 9 (1) Where the Agency intends to refuse to issue or renew a licence or intends to suspend or revoke a licence, the Agency shall give notice of its intention to the applicant or holder of the licence by personal service or by registered mail. (2) The notice referred to in subsection (1) shall set out (a) the reasons on which the Agency bases its intention; and (b) a time and date at which the applicant or holder of the licence may show cause why the licence should be issued or renewed or should not be suspended or revoked. (3) The date referred to in paragraph (2)(b) shall be not less than 30 days after the date of the service or mailing of the notice. 10 [Revoked, SOR/88-488, s. 3] Current to June 20, 2022 Canadian Egg Licensing Regulations, 1987 SCHEDULE I SCHEDULE I (Section 5) Column I Column II Item Type of Licence Fee Buyer’s licence $10.00 Seller’s licence 10.00 SOR/94-164, s. 2. Current to June 20, 2022 Canadian Egg Licensing Regulations, 1987 SCHEDULE II SCHEDULE II (Paragraph 7(1)(a)) INFORMATION 1 Name, address and licence number of the holder of the licence. Quantity of eggs marketed in interprovincial or export trade during the period set out in the licence. Where the eggs referred to in item 2 are graded, the grade of the eggs. Name, address and licence number of the holder of the licence from whom the eggs were bought or to whom the eggs were sold. Current to June 20, 2022