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Bill C-87

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SCHEDULE
(Section 2)

PROVISIONS OF CONVENTION

ARTICLE II

DEFINITIONS AND CRITERIA

For the purposes of this Convention:

1. ``Chemical Weapons'' means the following, together or separately:

    (a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;

    (b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;

    (c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).

2. ``Toxic Chemical'' means:

    Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

    (For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)

3. ``Precursor'' means:

    Any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.

    (For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)

4. ``Key Component of Binary or Multicomponent Chemical Systems'' (hereinafter referred to as ``key component'') means:

    The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

5. ``Old Chemical Weapons'' means:

    (a) Chemical weapons which were produced before 1925; or

    (b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such extent that they can no longer be used as chemical weapons.

6. ``Abandoned Chemical Weapons'' means:

    Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.

7. ``Riot Control Agent'' means:

    Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.

8. ``Chemical Weapons Production Facility``:

    (a) Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946:

      (i) As part of the stage in the production of chemicals (``final technological stage'') where the material flows would contain, when the equipment is in operation:

        (1) Any chemical listed in Schedule 1 in the Annex on Chemicals; or

        (2) Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes;

      or

      (ii) For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into containers that form part of assembled binary munitions and devices or into chemical submunitions that form part of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;

    (b) Does not mean:

      (i) Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a) (i) that is less than 1 tonne;

      (ii) Any facility in which a chemical specified in subparagraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 per cent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter referred to as ``Verification Annex''); or

      (iii) The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.

9. ``Purposes Not Prohibited Under this Convention'' means:

    (a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

    (b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

    (c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

    (d) Law enforcement including domestic riot control purposes.

10. ``Production Capacity'' means:

    The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more testruns. The design capacity is the corresponding theoretically calculated product output.

11. ``Organization'' means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention.

12. For the purposes of Article VI:

    (a) ``Production'' of a chemical means its formation through chemical reaction;

    (b) ``Processing'' of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical;

    (c) ``Consumption'' of a chemical means its conversion into another chemical via a chemical reaction.

ANNEX ON CHEMICALS

SCHEDULES OF CHEMICALS

The following Schedules list toxic chemicals and their precursors. For the purpose of implementing this Convention, these Schedules identify chemicals for the application of verification measures according to the provisions of the Verification Annex. Pursuant to Article II, subparagraph 1(a), these Schedules do not constitute a definition of chemical weapons.

(Whenever reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses are considered as listed in the respective Schedule as long as they are not explicitly exempted. A chemical marked ``*'' on Schedule 2, part A, is subject to special thresholds for declaration and verification, as specified in Part VII of the Verification Annex.)

Schedule 1 (CAS registry number)

A. Toxic chemicals:

    (1) O-Alkyl (C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates

      e.g. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8) Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)

    (2) O-Alkyl (C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates

      e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate (77-81-6)

    (3) O-Alkyl (H or C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or proto nated salts

      e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate (50782-69-9)

    (4) Sulfur mustards:

      2-Chloroethylchloromethylsulfide (2625-76-5)

      Mustard gas: Bis(2-chloroethyl)sulfide (505-60-2)

      Bis(2-chloroethylthio)methane (63869-13-6)

      Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane (3563-36-8)

      1,3-Bis(2-chloroethylthio)-n-propane (63905-10-2)

      1,4-Bis(2-chloroethylthio)-n-butane (142868-93-7)

      1,5-Bis(2-chloroethylthio)-n-pentane (142868-94-8)

      Bis(2-chloroethylthiomethyl)ether (63918-90-1)

      O-Mustard: Bis(2-chloroethylthioethyl)ether (63918-89-8)

    (5) Lewisites:

      Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)

      Lewisite 2: Bis(2-chlorovinyl)chloroarsine (40334-69-8)

      Lewisite 3: Tris(2-chlorovinyl)arsine (40334-70-1)

    (6) Nitrogen mustards:

      HN1: Bis(2-chloroethyl)ethylamine (538-07-8)

      HN2: Bis(2-chloroethyl)methylamine (51-75-2)

      HN3: Tris(2-chloroethyl)amine (555-77-1)

    (7) Saxitoxin (35523-89-8)

    (8) Ricin (9009-86-3)

B. Precursors:

    (9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

      e.g. DF: Methylphosphonyldifluoride (676-99-3)

    (10) O-Alkyl (H or C10, incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts

      e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite (57856-11-8)

    (11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)

    (12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)

Schedule 2

A. Toxic chemicals:

    (1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phos phorothiolate (78-53-5) and corresponding alky lated or protonated salts

    (2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1- pro pene (382-21-8)

    (3) BZ: 3-Quinuclidinyl benzilate (*) (6581-06-2)

B. Precursors:

    (4) Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms,

      e.g. Methylphosphonyl dichloride (676-97-1) Dimethyl methylphosphonate (756-79-6)

      Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate (944-22-9)

    (5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides

    (6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates

    (7) Arsenic trichloride (7784-34-1)

    (8) 2,2-Diphenyl-2-hydroxyacetic acid (76-93-7)

    (9) Quinuclidin-3-ol (1619-34-7)

    (10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlo rides and corresponding protonated salts

    (11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts

      Exemptions: N,N-Dimethylaminoethanol (108-01-0) and corresponding protonated salts N,N-Diethylaminoethanol (100-37-8) and corresponding protonated salts

    (12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts

    (13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide (111-48-8)

    (14) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol (464-07-3)

Schedule 3

A. Toxic chemicals:

    (1) Phosgene: Carbonyl dichloride (75-44-5)

    (2) Cyanogen chloride (506-77-4)

    (3) Hydrogen cyanide (74-90-8)

    (4) Chloropicrin: Trichloronitromethane (76-06-2)

B. Precursors:

    (5) Phosphorus oxychloride (10025-87-3)

    (6) Phosphorus trichloride (7719-12-2)

    (7) Phosphorus pentachloride (10026-13-8)

    (8) Trimethyl phosphite (121-45-9)

    (9) Triethyl phosphite (122-52-1)

    (10) Dimethyl phosphite (868-85-9)

    (11) Diethyl phosphite (762-04-9)

    (12) Sulfur monochloride (10025-67-9)

    (13) Sulfur dichloride (10545-99-0)

    (14) Thionyl chloride (7719-09-7)

    (15) Ethyldiethanolamine (139-87-7)

    (16) Methyldiethanolamine (105-59-9)

    (17) Triethanolamine (102-71-6)

VERIFICATION ANNEX

PART I

DEFINITIONS

1. ``Approved Equipment'' means the devices and instruments necessary for the performance of the inspection team's duties that have been certified by the Technical Secretariat in accordance with regulations prepared by the Technical Secretariat pursuant to Part II, paragraph 27 of this Annex. Such equipment may also refer to the administrative supplies or recording materials that would be used by the inspection team.

2. ``Building'' as referred to in the definition of chemical weapons production facility in Article II comprises specialized buildings and standard buildings.

    (a) ``Specialized Building'' means:

      (i) Any building, including underground structures, containing specialized equipment in a production or filling configuration;

      (ii) Any building, including underground structures, which has distinctive features which distinguish it from buildings normally used for chemical production or filling activities not prohibited under this Convention.

    (b) ``Standard Building'' means any building, including underground structures, constructed to prevailing industry standards for facilities not producing any chemical specified in Article II, paragraph 8 (a) (i), or corrosive chemicals.

3. ``Challenge Inspection'' means the inspection of any facility or location in the territory or in any other place under the jurisdiction or control of a State Party requested by another State Party pursuant to Article IX, paragraphs 8 to 25.

4. ``Discrete Organic Chemical'' means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number, if assigned.

5. ``Equipment'' as referred to in the definition of chemical weapons production facility in Article II comprises specialized equipment and standard equipment.

    (a) ``Specialized Equipment'' means:

      (i) The main production train, including any reactor or equipment for product synthesis, separation or purification, any equipment used directly for heat transfer in the final technological stage, such as in reactors or in product separation, as well as any other equipment which has been in contact with any chemical specified in Article II, paragraph 8 (a) (i), or would be in contact with such a chemical if the facility were operated;

      (ii) Any chemical weapon filling machines;

      (iii) Any other equipment specially designed, built or installed for the operation of the facility as a chemical weapons production facility, as distinct from a facility constructed according to prevailing commercial industry standards for facilities not producing any chemical specified in Article II, paragraph 8 (a) (i), or corrosive chemicals, such as: equipment made of high-nickel alloys or other special corrosion-resistant material; special equipment for waste control, waste treatment, air filtering, or solvent recovery; special containment enclosures and safety shields; non-standard laboratory equipment used to analyse toxic chemicals for chemical weapons purposes; customdesigned process control panels; or dedicated spares for specialized equipment.

    (b) ``Standard Equipment'' means:

      (i) Production equipment which is generally used in the chemical industry and is not included in the types of specialized equipment;

      (ii) Other equipment commonly used in the chemical industry, such as: fire-fighting equipment; guard and security/safety surveillance equipment; medical facilities, laboratory facilities; or communications equipment.

6. ``Facility'' in the context of Article VI means any of the industrial sites as defined below (``plant site'', ``plant'' and ``unit'').

    (a) ``Plant Site'' (Works, Factory) means the local integration of one or more plants, with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as:

      (i) Administration and other offices;

      (ii) Repair and maintenance shops;

      (iii) Medical centre;

      (iv) Utilities;

      (v) Central analytical laboratory;

      (vi) Research and development laboratories;

      (vii) Central effluent and waste treatment area; and

      (viii) Warehouse storage.

    (b) ``Plant'' (Production facility, Workshop) means a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as:

      (i) Small administrative section;

      (ii) Storage/handling areas for feedstock and products;

      (iii) Effluent/waste handling/treatment area;

      (iv) Control/analytical laboratory;

      (v) First aid service/related medical section; and

      (vi) Records associated with the movement into, around and from the site, of declared chemicals and their feedstock or product chemicals formed from them, as appropriate.

    (c) ``Unit'' (Production unit, Process unit) means the combination of those items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical.

7. ``Facility Agreement'' means an agreement or arrangement between a State Party and the Organization relating to a specific facility subject to on-site verification pursuant to Articles IV, V and VI.

8. ``Host State'' means the State on whose territory lie facilities or areas of another State, Party to this Convention, which are subject to inspection under this Convention.

9. ``In-Country Escort'' means individuals specified by the inspected State Party and, if appropriate, by the Host State, if they so wish, to accompany and assist the inspection team during the in-country period.

10. ``In-Country Period'' means the period from the arrival of the inspection team at a point of entry until its departure from the State at a point of entry.

11. ``Initial Inspection'' means the first on-site inspection of facilities to verify declarations submitted pursuant to Articles III, IV, V and VI and this Annex.

12. ``Inspected State Party'' means the State Party on whose territory or in any other place under its jurisdiction or control an inspection pursuant to this Convention takes place, or the State Party whose facility or area on the territory of a Host State is subject to such an inspection; it does not, however, include the State Party specified in Part II, paragraph 21 of this Annex.

13. ``Inspection Assistant'' means an individual designated by the Technical Secretariat as set forth in Part II, Section A, of this Annex to assist inspectors in an inspection or visit, such as medical, security and administrative personnel and interpreters.

14. ``Inspection Mandate'' means the instructions issued by the Director-General to the inspection team for the conduct of a particular inspection.

15. ``Inspection Manual'' means the compilation of additional procedures for the conduct of inspections developed by the Technical Secretariat.

16. ``Inspection Site'' means any facility or area at which an inspection is carried out and which is specifically defined in the respective facility agreement or inspection request or mandate or inspection request as expanded by the alternative or final perimeter.

17. ``Inspection Team'' means the group of inspectors and inspection assistants assigned by the Director-General to conduct a particular inspection.

18. ``Inspector'' means an individual designated by the Technical Secretariat according to the procedures as set forth in Part II, Section A, of this Annex, to carry out an inspection or visit in accordance with this Convention.

19. ``Model Agreement'' means a document specifying the general form and content for an agreement concluded between a State Party and the Organization for fulfilling the verification provisions specified in this Annex.

20. ``Observer'' means a representative of a requesting State Party or a third State Party to observe a challenge inspection.

21. ``Perimeter'' in case of challenge inspection means the external boundary of the inspection site, defined by either geographic coordinates or description on a map.

    (a) ``Requested Perimeter'' means the inspection site perimeter as specified in conformity with Part X, paragraph 8, of this Annex;

    (b) ``Alternative Perimeter'' means the inspection site perimeter as specified, alternatively to the requested perimeter, by the inspected State Party; it shall conform to the requirements specified in Part X, paragraph 17, of this Annex;

    (c) ``Final Perimeter'' means the final inspection site perimeter as agreed in negotiations between the inspection team and the inspected State Party, in accordance with Part X, paragraphs 16 to 21, of this Annex;

    (d) ``Declared Perimeter'' means the external boundary of the facility declared pursuant to Articles III, IV, V and VI.

22. ``Period of Inspection'', for the purposes of Article IX, means the period of time from provision of access to the inspection team to the inspection site until its departure from the inspection site, exclusive of time spent on briefings before and after the verification activities.

23. ``Period of Inspection'', for the purposes of Articles IV, V and VI, means the period of time from arrival of the inspection team at the inspection site until its departure from the inspection site, exclusive of time spent on briefings before and after the verification activities.

24. ``Point of Entry'' / ``Point of Exit'' means a location designated for the in-country arrival of inspection teams for inspections pursuant to this Convention or for their departure after completion of their mission.

25. ``Requesting State Party'' means a State Party which has requested a challenge inspection pursuant to Article IX.

26. ``Tonne'' means metric ton, i.e. 1,000 kg.

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