Order 2018-87-07-01 Amending the Domestic Substances List: SOR/2018-270

Canada Gazette, Part II, Volume 152, Number 26

Registration

SOR/2018-270 December 7, 2018

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

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

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(3) and (5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2018-87-07-01 Amending the Domestic Substances List.

Gatineau, December 4, 2018

Catherine McKenna
Minister of the Environment

Order 2018-87-07-01 Amending the Domestic Substances List

Amendments

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

1310362-57-2 N-P

2 Part 2 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

69009-90-1 N-S

1 The use of the substance 1,1′-biphenyl, bis(1-methylethyl)-, Chemical Abstracts Service No. 69009-90-1, in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
  • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.

2 The use of the substance 1,1′-biphenyl, bis(1-methylethyl)-, Chemical Abstracts Service No. 69009-90-1, in a quantity greater than 10 kg in a calendar year, in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
  • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.

3 Despite sections 1 and 2, a use of the substance is not a significant new activity if the substance is used

  • (a) 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) in a product referred to in those sections and that is intended only for export.

4 For each proposed significant new activity described in sections 1 and 2, 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 for the activity;
  • (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
  • (e) a description of the consumer product or cosmetic that contains the substance, the intended use of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
  • (f) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person undertaking the significant new activity;
  • (g) the data and the test report from the toxicity test conducted in respect of the substance, in accordance with the methodology described in the Organisation for Economic Co-operation and Development (OECD) Guidelines for the Testing of Chemicals, Test No. 410 Repeated Dose Dermal Toxicity: 21/28-day Study that is current at the time the test is conducted;
  • (h) 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;
  • (i) 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 their assessment and the risk management actions in relation to the substance imposed by the department or agency;
  • (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 test referred to in paragraph 4(g) 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, that are current at the time the test 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.

3 (1) Part 3 of the List is amended by deleting the following:

19234-2 N-P

2-Propenoic acid, 2-methyl-, polymer with cyclohexyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-propenoate and methyl 2-methyl-2-propenoate, 2,2′-(1,2-diazenediyl) bis[alkyl-alkylnitrile]-initiated

Acide méthacrylique polymérisé avec du méthacrylate de cyclohexyle, de l’acrylate de 2-hydroxyéthyle et du méthacrylate de méthyl, amorcé avec du 2,2′-(diazènediyl)bis[alkyl(alcanenitrile)]

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

16451-8 N

Fatty acids, unsatd., hydrogenated, polymers with 1,4-cyclohexanedimethanol, 3-hydroxy-2- (hydroxymethyl)-2-methylpropanoic acid and 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid

Acides gras insaturés, hydrogénés, polymérisés avec du cyclohexane-1,4-diméthanol, de l’acide 2,2-bis(hydroxyméthyl)propanoïque et de l’acide 1,3-dihydro-1,3-dioxo-2-benzofurane-5-carboxylique

19303-1 N-P

Alkanediol, polymer with carbopolycyclic diol and carbomonocyclic acid polyalkyl ester

Alcanediol polymérisé avec un carbopolycycle-diol et un ester alkylique d’acide carbomonocyclique

19304-2 N-P

2-Propenoic acid, 2-methyl-, telomer with butyl 2-propenoate, alkanethiol, ethyl 2-propenoate and methyl 2-methyl-2-propenoate

Acide 2-méthylprop-2-ènoïque télomérisé avec du prop-2-ènoate de butyle, un alcanethiol, du prop-2-ènoate d’éthyle et du 2-méthylprop-2-ènoate de méthyle

Coming into Force

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

N.B. The Regulatory Impact Analysis Statement for this Order appears following SOR/2018-271, Order 2018-112-07-01 Amending the Domestic Substances List.