FEDERAL REG

SOR/2017-7: Domestic Substances List — Order 2017-87-01-01 Amending Canadian Environmental Protection Act, 1999

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
February 1, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues Under the Canadian Environmental Protection Act, 1999 (CEPA), substances (i.e. chemicals, polymers, nanomaterials and living organisms) new to Canada are subject to notification and assessment requirements before they can be manufactured or imported. This limits market access until human health and environmenta... (Click for more)


Published on February 22, 2017

Bill Summary

SOR/2017-7: Domestic Substances List — Order 2017-87-01-01 Amending Canadian Environmental Protection Act, 1999

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues Under the Canadian Environmental Protection Act, 1999 (CEPA), substances (i.e. chemicals, polymers, nanomaterials and living organisms) new to Canada are subject to notification and assessment requirements before they can be manufactured or imported. This limits market access until human health and environmental impacts associated with the new substances are assessed and managed where appropriate. When substances meet the criteria for addition, they are added to the Domestic Substances List (DSL). (see footnote 2) This provides industry with better access to larger quantities of these substances, which is expected to reduce costs associated with products consumed by Canadians. Under subsections 87(1), (3) and (5) of CEPA, the Government of Canada (the Government) amended the DSL under the Order 2017-87-01-01 Amending the Domestic Substances List by adding 19 new substances; and rescinding significant new activity (SNAc) (see footnote 3) reporting requirements related to 8 substances. Background The DSL is an inventory of substances in the Canadian marketplace. Substances that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements before they can be manufactured in or imported into Canada. These requirements are set out in subsections 81(1) and 106(1) of CEPA, as well as in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). These requirements do not apply to substances listed on the DSL. Under subsection 87(3) or 112(3) of CEPA, reporting obligations may be imposed, varied and rescinded in relation to significant new activities with substances on the DSL, if the Government deems it necessary based on available information. The information submitted enables the Government to assess risks associated with proposed new uses and determine whether additional risk management is required. The DSL was published in the Canada Gazette, Part II, in May 1994 (see footnote 4) and is amended on average 10 times a year to add or delete substances. A substance must be added to the DSL under subsection 87(1), 87(5) or 112(1) of CEPA within 120 days once all of the following conditions are met: the Minister of the Environment has been provided with information regarding the substance; (see footnote 5) the Minister of the Environment and the Minister of Health are satisfied that the substance has already been manufactured in or imported into Canada under the conditions set out in section 87 or 112 of CEPA by the person who provided the information; the period prescribed for the assessment of the information submitted for the substance has expired; and the substance is not subject to any conditions imposed pursuant to paragraph 84(1)(a) or 109(1)(a) of CEPA on its import or manufacture. The Government assessed information on 19 new substances reported to the New Substances Program and determined that they meet the conditions for their addition to the DSL. These substances have therefore been added to the DSL under this Order. The Government also reviewed the SNAc requirements for eight hydrofluorocarbons already on the DSL. Reporting obligations were imposed on these substances because they are considered to be persistent in air, powerful greenhouse gases, and potential contributors to global warming. The SNAc provisions of CEPA were applied to the substance Chemical Abstracts Service Registry No. (CAS RN) 75-10-5 in July 2006; (see footnote 6) to five of the eight substances (CAS RN 354-33-6, CAS RN 406-58-6, CAS RN 420-46-2, CAS RN 690-39-1, and CAS RN 138495-42-8) in November 2006; (see footnote 7) to the substance CAS RN 431-89-0 in November 2006 (see footnote 8) and updated in October 2009; (see footnote 9) and to the substance CAS RN 460-73-1 in June 2012 (see footnote 10) (originally published in June 2005 (see footnote 11)). On December 29, 2016, the Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR) came into force. (see footnote 12) The ODSHAR meet Canada’s international obligations with respect to ozone-depleting substances and introduce a permitting and reporting system for hydrofluorocarbons. The aforementioned eight hydrofluorocarbons are now subject to the permitting and reporting system under the ODSHAR. As a result, the SNAc requirements for these substances are no longer deemed necessary and were removed from the DSL under this Order. Objective The objective of this Order is to enable industry to have better access to larger quantities of substances in Canada while managing potential human health or environmental risks associated with them where appropriate by complying with the requirements under subsections 87(1) and (5) of CEPA by adding 19 substances to the DSL, making them no longer subject to the notification and assessment requirements as set out in subsection 81(1) of CEPA and in the New Substances Notification Regulations (Chemicals and Polymers); and rescinding the SNAc requirements concerning eight substances, as they are no longer deemed necessary. Description This Order added a total of 19 substances to the DSL: 7 substances were added to Part 1 of the DSL, and 12 substances to Part 3 of the DSL. To protect confidential business information, 12 of the 19 substances have masked chemical names. (see footnote 13) This order also rescinded the SNAc requirements applied previously to eight substances by moving the substances from Part 2 to Part 1 of the DSL. Consultation As this Order does not contain any information expected to generate comments by stakeholders, no further consultation is deemed necessary. Rationale The Government assessed information on 19 new substances reported to the New Substances Program and determined that they met the conditions for their addition to the DSL. These substances have therefore been added to the DSL. The Government reviewed the significant new activity requirements for eight hydrofluorocarbons already on the DSL. The review concluded that these requirements are no longer needed, as the substances are now subject to the permitting and reporting system under the ODSHAR. The SNAc requirements for these substances were therefore removed from the DSL. This Order will benefit Canadians by enabling industry to have better access to larger quantities of these substances, which is expected to reduce costs associated with products consumed by Canadians. It is also expected that there will be no incremental costs to the public, industry or governments associated with this Order. “One-for-One” Rule and small business lens This Order does not trigger the “One-for-One” Rule, as it does not add any additional costs to business. Also, the small business lens does not apply to the Order, as it does not add any administrative or compliance burden to small businesses. Implementation, enforcement and service standards The DSL identifies substances that, for the purposes of CEPA, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). Reporting obligations may be imposed, varied or rescinded in relation to significant new activities with substances on the DSL under the SNAc provisions of CEPA. Developing an implementation plan, a compliance strategy or establishing a service standard is not required when adding substances to the DSL, or rescinding SNAc requirements. Contact Greg Carreau Executive Director Program Development and Engagement Division Department of the Environment Gatineau, Quebec K1A 0H3 Substances Management Information Line: 1-800-567-1999 (toll-free in Canada) 819-938-3232 (outside of Canada) Fax: 819-938-5212 Email: [email protected] Footnote a S.C. 1999, c. 33 Footnote b SOR/94-311 Footnote c SOR/94-311 Footnote d SOR/2005-247 Footnote e S.C. 1999, c. 33 Footnote 1 SOR/94-311 Footnote 2 The DSL is a list of substances in the Canadian marketplace. Footnote 3 The Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999 is available at http://www.ec.gc.ca/ese-ees/default.asp?lang=En&n=5CA18D66-1. Footnote 4 The Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, in July 2001, establishes the structure of the DSL. For more information, please visit http://publications.gc.ca/gazette/archives/p2/2001/2001-07-04/pdf/g2-13514.pdf. Footnote 5 The most comprehensive package depends on the class of a substance. The information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms) made under CEPA. Footnote 6 The Order 2006-87-05-01 Amending the Domestic Substances List (SOR/2006-169) was published in the Canada Gazette, Part II, on July 26, 2006. For more information, please see SOR/2006-169 at http://publications.gc.ca/gazette/archives/p2/2006/2006-07-26/pdf/g2-14015.pdf. Footnote 7 The Order 2006-87-07-01 Amending the Domestic Substances List (SOR/2006-290) was published in the Canada Gazette, Part II, on November 29, 2006. For more information, please see SOR/2006-290 at http://publications.gc.ca/gazette/archives/p2/2006/2006-11-29/pdf/g2-14024.pdf. Footnote 8 Ibid. Footnote 9 The Order 2009-87-09-01 Amending the Domestic Substances List (SOR/2009-276) was published in the Canada Gazette, Part II, on October 14, 2009. For more information, please see SOR/2009-276 at http://publications.gc.ca/gazette/archives/p2/2009/2009-10-14/pdf/g2-14321.pdf. Footnote 10 The Order 2012-87-02-01 Amending the Domestic Substances List (SOR/2012-108) was published in the Canada Gazette, Part II, on June 6, 2012. For more information, please visit http://gazette.gc.ca/rp-pr/p2/2012/2012-06-06/html/sor-dors108-eng.html. Footnote 11 The Significant New Activity Notice No. 13706 was published in the Canada Gazette, Part I, on June 4, 2005. For more information, please see the Significant New Activity Notice No. 13706 at http://publications.gc.ca/gazette/archives/p1/2005/2005-06-04/pdf/g1-13923.pdf. Footnote 12 The ODSHAR (SOR/2016-137) was published in the Canada Gazette, Part II, on June 13, 2016. For more details, please visit http://gazette.gc.ca/rp-pr/p2/2016/2016-06-29/html/sor-dors137-eng.php. Footnote 13 Masked names are allowed by CEPA to protect confidential business information. The procedure for creating a masked name is set out in the Masked Name Regulations. Anyone who wishes to determine if a substance is on the DSL under a masked name must file a Notice of Bona Fide Intent to Manufacture or Import with the New Substances Program.

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