Order 2018-87-08-01 Amending the Domestic Substances List: SOR/2019-13
Canada Gazette, Part II, Volume 153, Number 1
Registration
SOR/2019-13 December 28, 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 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(1) or (5) of that Act;
Whereas, in respect of the substances being added to the Domestic Substances List footnote b 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) footnote c;
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 footnote a, makes the annexed Order 2018-87-08-01 Amending the Domestic Substances List.
Gatineau, December 21, 2018
Catherine McKenna
Minister of the Environment
Order 2018-87-08-01 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:
- 1825-62-3 N
- 135020-80-3 N
- 1695555-58-8 N-P
- 2046719-43-9 N-P
- 2196187-71-8 N-P
2 Part 3 of the List is amended by adding the following in numerical order:
|
19275-3 N |
Benzenesulfonic acid, branched and linear alkyl derivs, magnesium salts, overbased |
|---|---|
|
Benzènesulfonates de magnésium, dérivés alkyl(linéaires et ramifiés)iques, surbasés | |
|
19305-3 N |
Titanium, bis (2,4-pentanedionato-kO2,kO4) bis (2-propanolato)-, reaction products with ethenylheteromonocycle and hydrogenated alkene homopolymer |
|
Bis(pentane-2,4-dionato-kO2,kO4)bis(propane-2-olato)titane, produits de la réaction avec un éthénylhétéromonocycle et un homopolymère d’alcène hydrogéné | |
|
19306-4 N |
Molybdenum, borate neodecanoate oxo complexes, reaction products with ethenylheteromonocycle and hydrogenated alkene homopolymer |
|
Complexes de molybdène, de borate, de néodécanoate et d’oxygène, produits de la réaction avec un éthénylhétéromonocyle et un homopolymère d’alcène hydrogéné | |
|
19307-5 N-P |
Formaldehyde, polymers with branched 4-alkylphenol and p-tert-alkylphenol, 3-butoxy-2-hydroxypropyl ether, ethoxylated |
|
Formaldéhyde polymérisé avec un 4-(alkyl ramifié)phénol et un 4-(tert-alkyl)phénol, oxyde 3-butoxy-2-hydroxypropylique, éthoxylé | |
|
19308-6 N-P |
Formaldehyde, polymers with 4-alkylphenol and p-tert-alkylphenol, 3-butoxy-2-hydroxypropyl ether |
|
Formaldéhyde polymérisé avec un 4-alkylphénol et un 4 (tert-alkyl)phénol, oxyde 3-butoxy-2-hydroxypropylique | |
|
19309-7 N-P |
1,4-Benzenedicarboxylic acid, compd. with 1,4-butanediamine and 1,6-hexanediamine (1:?:?), polymer with alkyldiamine and hexanedioic acid |
|
Acide benzène-1,4-dicarboxylique, composé avec de la butane-1,4-diamine et de l’hexane-1,6-diamine (1/?/?), polymérisé avec une alcanediamine et de l’acide hexanedioïque | |
|
19310-8 N-P |
2-Propenoic acid, 2-methyl-, polymer with 1,1′-[2-(substituted methyl)-2-[[ (1-oxo-2-propen-1-yl)oxy]methyl]-1,3-propanediyl] di-2-propenoate, 2,2′-(1,2-diazenediyl)bis[2-methylbutanenitrile]-initiated |
|
Acide 2-méthylprop-2-ènoïque polymérisé avec du bis(prop-2-ènoate) de 2-(méthyl substitué)-2-[(prop-2-ènoyloxy)méthyl]propane-1,3-diyle, amorcé avec du 2,2′-(diazènediyl)bis[2-méthylbutanenitrile] | |
|
19311-9 N-P |
Alkenedioic acid, polymer with ethenyl acetate and 2-propenoic acid, sodium salt |
|
Acide alcènedioïque polymérisé avec de l’acétate d’éthényle et de l’acide prop-2-ènoïque, sel de sodium |
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 Order.)
Issues
The Government of Canada (the Government) assessed information on 13 substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List (DSL). Therefore, the Government is adding 13 substances to the DSL.
Background
Assessment of substances new to Canada
Substances (chemicals and polymers) that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements set out in sections 81 and 83 of the Canadian Environmental Protection Act, 1999 (CEPA), as well as in the New Substances Notification Regulations (Chemicals and Polymers). These Regulations ensure that new substances introduced to the Canadian marketplace over certain quantity are assessed to identify potential risks to the environment and human health, and that appropriate control measures are taken, if deemed necessary.
For more information on the thresholds and scope of the Regulations, please see section 1 in the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.
Domestic Substances List
The DSL (SOR/94-311) provides an inventory of substances in the Canadian marketplace published in the Canada Gazette, Part II, in May 1994. The current structure of the DSL was established in June 2001. For more details, please refer to the Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), which establishes the structure of the DSL, published in the Canada Gazette, Part II, in July 2001, and to the Order 2012-87-09-01 Amending the Domestic Substances List (SOR/2012-229), published in the Canada Gazette, Part II, in November 2012, that amended the DSL. The DSL includes eight parts defined as follows:
- Part 1 sets out chemicals and polymers, except those referred to in Part 2, 3 or 4, that are identified by their Chemical Abstract Service Registry Number (CAS RN), or their Substance Identity Number assigned by the Department of the Environment and the name of the substance;
- Part 2 sets out chemicals and polymers subject to Significant New Activity (SNAc) requirements that are identified by their CAS RN;
- Part 3 sets out chemicals and polymers, except those referred to in Part 4, that are identified by their masked name and their Confidential Accession Number (CAN) assigned by the Department of the Environment;
- Part 4 sets out chemicals and polymers subject to SNAc requirements that are identified by their masked name and their CAN;
- Part 5 sets out inanimate biotechnology products and living organisms, except those referred to in Part 6, 7 or 8, that are identified by their American Type Culture Collection (ATCC) number, International Union of Biochemistry and Molecular Biology (IUBMB) number, or specific substance name;
- Part 6 sets out inanimate biotechnology products and living organisms subject to SNAc requirements that are identified by their ATCC number, IUBMB number, or specific substance name;
- Part 7 sets out inanimate biotechnology products and living organisms, except those referred to in Part 8, that are identified by their masked name and their CAN;
- Part 8 sets out inanimate biotechnology products and living organisms subject to SNAc requirements that are identified by their masked name and their CAN.
Criteria for addition of substances to the DSL
The DSL is amended on average 10 times a year to add, update or delete substances. Chemicals or polymers must be added to the DSL under section 66 of CEPA if they were manufactured or imported into Canada by any person in a quantity greater than 100 kg 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, new substances must be added to the DSL under subsection 87(1) or 87(5) of CEPA within 120 days once all of the following criteria are met:
- The Minister of the Environment has been provided with the most comprehensive package of information requirements regarding the substance. The information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers);
- The Minister of the Environment and the Minister of Health are satisfied that the substance has already been manufactured in or imported into Canada in accordance with the conditions set out in subsection 87(1) or 87(5) of CEPA by the person who provided the information;
- The period prescribed for the assessment of the information submitted for the substance under section 83 of CEPA has expired; and
- The substance is not subject to any conditions imposed pursuant to paragraph 84(1)(a) of CEPA on its import or manufacture.
Adding the 13 substances to the DSL
The Government assessed information on 13 new substances (chemicals and polymers) and determined that they meet the criteria for their addition to the DSL, under subsections 87(1) and 87(5) of CEPA. These 13 substances are therefore being added to the DSL and are no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA.
Objectives
The Order 2018-87-08-01 Amending the Domestic Substances List (Order 2018-87-08-01) adds 13 substances to the DSL. This addition to the DSL is expected to facilitate access to these 13 substances by businesses by reducing cost and administrative burden, such as notifications and assessment requirements.
Description
Order 2018-87-08-01 is made pursuant to subsections 87(1) and 87(5) of CEPA to add 13 substances (chemicals and polymers) to the DSL.
- Five substances identified by their CAS RN are added to Part 1 of the DSL.
- Eight substances identified by their masked name and their CAN are added to Part 3 of the DSL. Masked names are regulated under the Masked Name Regulations and are created to protect confidential business information.
Consultation
As the Order 2018-87-08-01 is administrative in nature, no consultation was deemed necessary. CEPA does not prescribe any public comment period before adding a substance to the DSL.
Rationale
The Government assessed information on 13 substances new to Canada that were subject to notification and assessment requirements, as set out in sections 81 and 83 of CEPA, as well as in the New Substances Notification Regulations (Chemicals and Polymers). The assessment determined that the 13 substances do not pose risk to the environment or human health. These substances meet the criteria for addition to the DSL and, therefore, are no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA.
“One-for-One” Rule and small business lens
The “One-for-One” Rule and the small business lens do not apply to the Order 2018-87-08-01, as it does not impose any administrative or compliance cost on 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.
Where a person has questions concerning their obligations to comply with the Order 2018-87-08-01, believes they may be out of compliance, or would like to request a pre-notification consultation (PNC), this person is encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line at eccc.substances.eccc@canada.ca (email), 1-800-567-1999 (toll-free in Canada), or 819-938-3232 (outside of Canada).
The Order 2018-87-08-01 does not constitute an endorsement from the Government of the 13 substances to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to these substances or activities involving them.
The Order 2018-87-08-01 is now in force. CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.
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