Vol. 152, No. 3 — February 7, 2018

Registration

SOR/2018-7 January 26, 2018

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) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote e), makes the annexed Order 2018-87-01-01 Amending the Domestic Substances List.

Gatineau, January 22, 2018

Catherine McKenna
Minister of the Environment

Order 2018-87-01-01 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:

19219-7 N-P

Butanedioic acid, polymer with butanediol and methylenebis[isocyanatocarbomonoxycle]
 

Acide butanedioïque polymérisé avec un butanediol et un méthylènebis[isocyanatocarbomonocycle]

19220-8 N-P

Hexanedioic acid, polymer with 2,2-dialkyl-1,3-propanediol, 1,1’-methylenebis[4-isocyanatocyclohexane] and 2-oxepanone
 

Acide hexanedioïque polymérisé avec du 2,2-dialkylpropane-1,3-diol, du 1,1’-méthylènebis[4-isocyanatocyclohexane] et de l’oxépan-2-one

19221-9 N-P

Hexanedioic acid, polymer with 1,2-ethanediamine, 1,6-hexanediol, 3-hydroxy-2-(hydroxyalkyl)-2-alkylpropanoic acid and 1,1’-methylenebis[4-isocyanatocyclohexane], compd. with 2-(dimethylamino)ethanol
 

Acide hexanedioïque polymérisé avec de l’éthane-1,2-diamine, de l’hexane-1,6-diol, de l’acide 3-hydroxy-2-(hydroxyalkyl)-2-alkylpropanoïque et du 1,1’-méthylènebis[4-isocyanatocyclohexane], composés avec du 2-(diméthylamino)éthanol

19222-0 N-P

Soybean oil, polymer with diethylene glycol, glycerol, methylalkanediol and terephthalic acid
 

Huile de soja polymérisée avec du 3-oxapenta-1,5-diol, du propane-1,2,3-triol, un méthylalcanediol et de l’acide téréphtalique

19225-3 N-P

Fatty acids, soya, polymers with benzoic acid, p-tert-butylphenol, formaldehyde, glycerol, phthalic anhydride, rosin and tung oil
 

Acides gras de soja polymérisés avec de l’acide benzoïque, du 4-(tert-butyl)phénol, du formaldéhyde, du propane-1,2,3-triol, de la 2-benzofurane-1,3-dione, de la colophane et de l’huile de tung

19233-1 N-P

Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, alkanediol and 1,2-propanediol
 

Acide hexanedioïque polymérisé avec du 2,2-diméthylpropane-1,3-diol, un alcanediol et du propane-1,2-diol

Coming into Force

3 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issues

The Government of Canada (the Government) assessed information on 17 substances new to Canada and determined that they meet the criteria for addition to the Domestic Substances List (DSL). Therefore, the Government added 17 substances to the DSL under the Order 2018-87-01-01 Amending the Domestic Substances List (Order 2018-87-01-01).

The Government also updated the identifier of one substance already on the DSL under the Order 2018-66-01-01 Amending the Domestic Substances List (Order 2018- 66-01-01).

Background

Assessment of substances new to Canada

Substances that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements set out in sections 81, 83, 106 and 109 of the Canadian Environmental Protection Act, 1999 [CEPA], as well as in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). These regulations are administered by the New Substances Program and were made to ensure that new substances introduced to the Canadian marketplace over certain thresholds (see footnote 2) are risk assessed to identify potential hazards to the environment and human health, and that appropriate control measures are taken, if deemed necessary.

Domestic Substances List

The DSL is an inventory of substances in the Canadian marketplace published in the Canada Gazette, Part II, in May 1994. (see footnote 3) The current structure of the DSL was established in July 2001 (see footnote 4) and it includes 8 parts defined as follows:

The DSL is amended on average 10 times a year to add or delete substances. A substance must be added to the DSL under section 66 of CEPA if it was manufactured or imported into Canada by any person in a quantity greater than 100 kg or in any quantity for living organisms, (see footnote 8) in any one calendar year, or if it was in Canadian commerce, or used for commercial manufacturing purposes in Canada between January 1, 1984, and December 31, 1986.

In addition, 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 criteria are met:

Adding 17 substances to the DSL

The Government assessed information on 17 new substances reported to the New Substances Program and determined that they meet the criteria for their addition to the DSL, under subsections 87(1) and 87(5) of CEPA. These 17 substances were therefore added to the DSL and are no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA.

Updating the identifier of one substance on the DSL

The identifier of one substance currently listed on Part 3 of the DSL was updated to correct the masked name.

Objectives

By adding 17 substances to the DSL, the Order 2018-87-01-01 makes these substances no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA. This is expected to facilitate access to these substances.

The Order 2018-66-01-01 updates the identifier of one substance on the DSL.

Description

The Order 2018-87-01-01 adds 17 substances to the DSL. Eleven substances identified by their CAS RN are added to Part 1 of the DSL and six substances identified by their masked name and their CAN are added to Part 3 of the DSL.

The Order 2018-66-01-01 updates the identifier of one substance listed on Part 3 the DSL.

Consultation

As the orders are administrative in nature, no consultation was deemed necessary.

Rationale

Substances new to Canada are subject to notification and assessment requirements before they can be manufactured or imported over the thresholds set in the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). These regulations were made to ensure that new substances introduced to the Canadian marketplace over certain thresholds are risk assessed to identify potential hazards to the environment and human health and that appropriate control measures are taken, if deemed necessary.

The Government assessed information on 17 substances new to Canada, and determined that they meet the criteria for their addition to the DSL. These substances have been added to the DSL and therefore they are exempt from notification and assessment requirements under sections 81 and 83 of the Act.

The Government updated the identifier of one substance listed on the DSL.

“One-for-One” Rule and small business lens

The orders do not trigger the “One-for-One” Rule, as they do not add any additional costs to business. Also, the small business lens does not apply to the orders, as they do not add any administrative or compliance burden to small businesses.

Implementation, enforcement and service standards

Developing an implementation plan, a compliance strategy or establishing a service standard is not required when adding substances to the DSL.

Contact

Julie Thompson
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: eccc.substances.eccc@canada.ca