Appendix A

Canada Gazette, Vol. 144, No. 34 -- August 21, 2010

Establishment of a board of review for Decamethylcyclopentasiloxane (D5)

Whereas a final screening assessment of Decamethylcyclopentasiloxane (D5), Chemical Abstracts Service Registry Number 541-02-6 (“the substance”), conducted pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (“the Act”), was published pursuant to subsection 77(6) of the Act in the Canada Gazette, Part I, on January 31, 2009, and concluded, based on the available information, that the substance is entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, thus meets one or more of the criteria set out in section 64 of the Act;

Whereas the Minister of the Environment (“the Minister”) and the Minister of Health, pursuant to subsection 77(2) of the Act, recommended the substance be added to Schedule 1 to the Act;

Whereas the Minister and the Minister of Health, pursuant to subsection 332(1) of the Act, published in the Canada Gazette, Part I, on May 16, 2009, the proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (“the proposed Order”) listing the substance and seven other substances to be added to Schedule 1;

Whereas the Silicones Environmental, Health and Safety Council of North America, pursuant to subsection 332(2) of the Act, filed with the Minister a notice of objection to the proposed Order and requested that a board of review be established under section 333 of the Act;

Whereas scientific information respecting the substance has been made available since the conduct and publication of the final screening assessment,

Therefore the Minister hereby establishes a board of review (“the Board”) under subsection 333(1) of the Act, consisting of Dr. John Giesy as Chair, as well as Dr. Keith Solomon and Dr. Sam Kacew, to inquire into the nature and extent of the danger posed by the substance taking into account the Terms of Reference below.

Terms of Reference

1. The Board shall inquire into the nature and extent of the danger posed by the substance and will be governed by the Rules of Procedure for Boards of Review established pursuant to section 341 of the Act.

2. The Board may conduct hearings and accept evidence or representations provided in person, in writing or in electronic form, including by teleconference or videoconference.

3. Hearings conducted in person shall be held in the National Capital Region described in the Schedule to the National Capital Act.

4. No funding to any person or party to the inquiry shall be provided.

5. The Board shall use the automated document management program specified by the Minister for the purpose of its inquiry.

6. The Board shall submit, on or before March 31, 2011, a report, together with its recommendations and the evidence that was presented to it, to the Minister.