Summary of the matter addressed in the submission:

The Submitters allege that the government of Canada, is failing in its obligation as enumerated in Article 2(3) of the North American Agreement on Environmental Cooperation (NAAEC), which states that `each Party shall consider prohibiting the export to the territories of the other Parties of a pesticide or toxic substance whose use is prohibited within the Party’s territory. When a Party adopts a measure prohibiting or severely restricting the use of a pesticide or toxic substance in its territory, it shall notify the other Parties of the measure, either directly or through an appropriate international organization.’ The Submitters assert that Canada has failed to issue a prohibitory and/or injunctive order halting the export to the United States, by AAA Packaging, of products containing “isobutyl nitrite” which the Submitters claim is a “banned hazardous substance”. The submitters claim that the above mentioned unlawful export was chronicled in January 2001 in a series of articles by Vancouver Sun Investigative Reporter, Rick Ouston.

Names and citations of the environmental laws in question:

Article 2(3) of the NAAEC


Names withheld pursuant to Article 11(8)(a)

Submission Timeline

April 12, 2001

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Submission - Submission authored by Canada on 09/04/2001

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 18/04/2001

April 24, 2001

The Secretariat notified the submitter(s) that the submission did not meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised submission that conforms with Article 14(1).

Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 24/04/2001

May 24, 2001

The thirty-day term expired without the Secretariat receiving a submission that conformed to Article 14(1). Under guideline 6.2, the process was therefore terminated.