Order 2020-87-12-01 Amending the Domestic Substances List: SOR/2020-203

Canada Gazette, Part II, Volume 154, Number 20

Registration
SOR/2020-203 September 18, 2020

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 2020-87-12-01 Amending the Domestic Substances List.

Gatineau, September 17, 2020

Jonathan Wilkinson
Minister of the Environment

Order 2020-87-12-01 Amending the Domestic Substances List

Amendments

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

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
756819-45-1 N-P-S

1 The use of the substance siloxanes and silicones, di-Me, mono[3-[(2- methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, in the manufacture of any of the following products in which the substance is present in a concentration equal to or greater than 0.1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies that releases or sprays the substance in airborne particles of less than 10 micrometres in size; or
  • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act, that releases or sprays the substance in airborne particles of less than 10 micrometres in size.

2 The use, in a quantity greater than 10 kg in a calendar year, of the substance siloxanes and silicones, di-Me, mono[3-[(2- methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate in any of the following products in which the substance is present in a concentration that is greater than or equal to 0.1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies that releases or sprays the substance in airborne particles of less than 10 micrometres in size; or
  • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act, that releases or sprays the substance in airborne particles of less than 10 micrometres in size.

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, 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 paragraph 13(c) and subparagraphs 13(d)(i) to (iv) of Schedule 9 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) a description of the particle size distribution of the substance released by or sprayed by the consumer product or cosmetic;
  • (e) the quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
  • (f) the test data and a test report from one of the following studies:
    • (i) a subchronic inhalation toxicity study in respect of the substance that is conducted in accordance with the methodology described in the Organisation for Economic Co-operation and Development (OECD) Guidelines for the Testing of Chemicals, Test No. 413: Subchronic Inhalation Toxicity: 90-Day Study, that is current at the time the test is conducted, or
    • (ii) a repeated dose inhalation toxicity study in respect of the substance that is conducted in accordance with the methodology described in the OECD Guidelines for the Testing of Chemicals, Test No. 412: Subacute Inhalation Toxicity: 28-Day Study, that is current at the time the test is conducted;
  • (g) all other information or test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of the adverse effects that the substance may have on the environment and human health and the degree of environmental and public exposure to the substance;
  • (h) 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;
  • (i) the name, civic and postal addresses, telephone number and, if any, 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
  • (j) 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 data and the test reports referred to in paragraph 4(f) must be produced in accordance with the 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 by the OECD on May 12, 1981, that are current at the time the tests are conducted.

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

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

19476-4 N-P Cyclohexane, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyl-, polymer with alkanediol, alkanediol, heteromonocycle, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid and potassium hydroxide adduct
19478-6 N-P Hexanedioic acid, polymer with 2,2-bis(bromomethyl)-1,3-propanediol, 2,2-dialkyl-1,3-propanediol, 1,6-hexanediol, hydrazine, 3-hydroxy-2-(hydroxyalkyl)-2-methylpropanoic acid and 5-isocyanato-1-(isocyanatoalkyl)-1,3,3-trimethylcyclohexane, 2,2-dialkyl-1-propanol tribromo deriv.-blocked, compds. with triethylamine
19479-7 N-P Plant-based oil, hydrogenated, polymer with ethylene glycol, pentaerythritol and phthalic anhydride
19480-8 N Amines, polyethylenepoly-, reaction products with maleated alkenealkene polymer
19481-9 N-P Alkanoic acid, oxo-, [(methyloxoalkenyl)oxy]alkyl ester, polymer with butyl methylalkenoate, ethenylbenzene, 2-ethylhexyl alkenoate and methyl methylalkenoate

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/2020-204, Order 2020-112-12-01 Amending the Domestic Substances List.