Vol. 151, No. 26 — December 27, 2017

Registration

SOR/2017-280 December 11, 2017

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Whereas the Minister of the Environment has been provided with information under paragraph 87(1)(a) or (5)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of each substance referred to in the annexed Order that is added to the Domestic Substances List (see footnote b) pursuant to subsection 87(1) or (5) of that Act;

Whereas, in respect of the substances being added to the Domestic Substances List (see footnote c) pursuant to subsection 87(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that those substances have been manufactured in or imported into Canada by the person who provided the information, in excess of the quantity prescribed under the New Substances Notification Regulations (Chemicals and Polymers) (see footnote d);

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances are in effect;

Therefore, the Minister of the Environment, pursuant to subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote e), makes the annexed Order 2017-87-10-01 Amending the Domestic Substances List.

Gatineau, December 7, 2017

Catherine McKenna
Minister of the Environment

Order 2017-87-10-01 Amending the Domestic Substances List

Amendments

1 Part 1 of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

2 Part 3 of the List is amended by adding the following in numerical order:

19204-2 N

Glycerides, alkyl and alkynyl, esters with polyethylene glycol ether with glycerol (3:1)

 

Esters de propane-1,2,3-triol et d’acides gras saturés ou insaturés, esters avec de l’oxyde de poly(éthane-1,2-diol) et de propane-1,2,3-triol (3/1)

19207-5 N

Glycerides, alkyl and alkynyl, esters with polyalkylene glycol ether with glycerol (3:1)

 

Esters de propane-1,2,3-triol et d’acides gras saturés ou insaturés, esters avec de l’oxyde de poly(alcanediol) et de propane-1,2,3-triol (3/1)

19209-7 N-P

Alkanethiol, [1,2-ethanediylbis(oxy)]bis-, polymer with 1,1′-[oxybis(2,1-ethanediyloxy)]bis[ethene], [[3-(2-oxiranylmethoxy)propyl]thio]-terminated, polymers with 2(or 4)-methyl-4,6(or 2,6)-bis(methylthio)-1,3-benzenediamine

 

[(Éthane-1,2-diyl)bis(oxy)]bisalcanethiol polymérisé avec de l’[oxybis(éthane-2,1-diyloxy)]bis[éthène], à terminaisons [[3-(oxiranylméthoxy)propyl]thio], polymérisé avec de la 3-amino-2(ou 4)-méthyl-4,6(ou 2,6)-bis(méthylthio)aniline

3 Part 4 of the List is amended by adding the following in numerical order:

Column 1

Substance

Column 2

Significant New Activity for which substance is subject to subsection 81(3) of the Act

18563-5 N-S

1 The use, in the manufacture of coatings or adhesives that are consumer products to which the Canada Consumer Product Safety Act applies, of the substance 2-propenoic acid, 2-methyl-, alkyl ester, polymer with ethenylbenzene, methyl 2-methyl-2-propenoate and 2-oxiranylmethyl 2-methyl-2-propenoate, tert-Bu peroxide-initiated in a quantity greater than 1000 kg in a calendar year and in such a manner that the substance is present in the coating or adhesive.

 

2 The use, in a quantity greater than 1000 kg in a calendar year, of the substance 2-propenoic acid, 2-methyl-, alkyl ester, polymer with ethenylbenzene, methyl 2-methyl-2-propenoate and 2-oxiranylmethyl 2-methyl-2-propenoate, tert-Bu peroxide-initiated in coatings or adhesives that are consumer products to which the Canada Consumer Product Safety Act applies.

 

3 Sections 1 and 2 do not include

  • (a) the use of the substance as a research and development substance or site-limited intermediate substance as those terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
  • (b) the use of the substance in a consumer product, as described in those sections, that is for export only.
 

4 For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the substance;
  • (b) the anticipated annual quantity of the substance to be used;
  • (c) the information specified in items 1, 3 to 7, 9 to 12 and in subparagraphs 13(d)(i) to (iii) of Schedule 9 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) if the significant new activity involves the use of the substance in a quantity greater than 50 000 kg in a calendar year, the information specified in paragraph 11(3)(a) of those Regulations;
  • (e) the information specified in items 5(a) and 5(c) to (h) of Schedule 10 to those Regulations;
  • (f) the information specified in item 10 of Schedule 11 to those Regulations;
  • (g) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
  • (h) the test data and the test report from a skin sensitization study, that in respect of the substance, establishes the minimal concentration inducting a proliferation in draining lymph nodes that is threefold above the negative control (EC3 value) and that is conducted in accordance with the Organisation for Economic Co-operation and Development (OECD) Guideline for the Testing of Chemicals No. 429, entitled Skin Sensitization: Local Lymph Node Assay, that is current at the time the study is conducted;
  • (i) all other information or test data in respect of the substance that are in the possession of the person who is proposing the significant new activity or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the substance;
  • (j) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
  • (k) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.
 

5 The study referred to in paragraph 4(h) must be conducted by a laboratory whose practices conform with those described in the OECD Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981 by the OECD, using the Principles of Good Laboratory Practice that is current at the time the study is conducted.

 

6 The information provided under section 4 will be assessed within 90 days after the day on which it is received by the Minister.

4 Sections 1 and 2 in column 2 of Part 4 of the List, opposite the reference to the substance “18563-5 N-S” in column 1, are replaced by the following:

Coming into Force

5 (1) This Order, except section 4, comes into force on the day on which it is registered.

(2) Section 4 comes into force on January 24, 2019.

N.B. The Regulatory Impact Analysis Statement for this Order appears following SOR/2017-281, Order 2017-66-10-01 Amending the Domestic Substances List.