Order 2020-87-21-01 Amending the Domestic Substances List: SOR/2021-23

Canada Gazette, Part II, Volume 155, Number 6

Registration
SOR/2021-23 February 25, 2021

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Whereas the substances set out in the annexed Order are specified on the Domestic Substances List^{footnote a};

Therefore, the Minister of the Environment, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999^{footnote b}, makes the annexed Order 2020-87-21-01 Amending the Domestic Substances List.

Gatineau, February 23, 2021

Jonathan Wilkinson
Minister of the Environment

Order 2020-87-21-01 Amending the Domestic Substances List

Amendments

1 Part 1 of the Domestic Substances List^{footnote a} is amended by deleting the following:

51-03-6
62-73-7
76-06-2
87-90-1
88-30-2
94-75-7
133-06-2
133-07-3
333-41-5
584-79-2
2921-88-2
8001-58-9
8003-34-7
10453-86-8
10605-21-7
12069-69-1
13356-08-6
20543-04-8
23564-05-8

2 (1) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “72-43-5 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-methoxy-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

(2) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “87-86-5 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance phenol, pentachloro-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

(3) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “1582-09-8 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance benzenamine, 2,6-dinitro-N,N-dipropyl-4(trifluoromethyl)-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

(4) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “1897-45-6 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1,3-benzenedicarbonitrile, 2,4,5,6-tetrachloro-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

(5) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “1912-24-9 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1,3,5-triazine-2,4-diamine, 6-chloro-N-ethyl-N′-(1-methylethyl)-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

(6) The portion of column 2 of Part 2 of the List, opposite the reference to the substance “3691-35-8 S′” in column 1, is replaced by the following:

Column 2

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

1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]-.

2 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 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) the information specified in item 11 of Schedule 6 to those Regulations;
(f) 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;
(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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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
(i) a certification that the information is accurate and complete, dated and signed by the person 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.

3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

3 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
51-03-6 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1,3-benzodioxole, 5-[[2-(2-butoxyethoxy)ethoxy]methyl]-6-propyl-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
62-73-7 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance phosphoric acid, 2,2-dichloroethenyl dimethyl ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
76-06-2 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance methane, trichloronitro-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
87-90-1 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-trichloro-. 2 Despite section 1, the use, in any one calendar year, of less than 10 000 kg of the substance in a cleaning product, as defined in section 116 of the Canadian Environmental Protection Act, 1999, that contains the substance in a concentration less than or equal to 5% by weight, is not a significant new activity. 3 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 4 The information in section 3 is to be assessed within 90 days after the day on which it is received by the Minister.
88-30-2 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance phenol, 4-nitro-3-(trifluoromethyl)-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
94-75-7 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance acetic acid, (2,4-dichlorophenoxy)-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
133-06-2 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1H-isoindole-1,3(2H)-dione, 3a,4,7,7a-tetrahydro-2-[(trichloromethyl)thio]-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
133-07-3 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance 1H-isoindole-1,3(2H)-dione, 2-[(trichloromethyl)thio]-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
333-41-5 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance phosphorothioic acid, O,O-diethyl O-[6-methyl-2-(1-methylethyl)-4-pyrimidinyl] ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
584-79-2 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-, 2-methyl-4-oxo-3-(2-propenyl)-2-cyclopenten-1-yl ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
2921-88-2 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance phosphorothioic acid, O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
8001-58-9 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance creosote. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
8003-34-7 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance pyrethrins and pyrethroids. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
10453-86-8 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-, [5-(phenylmethyl)-3-furanyl]methyl ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
10605-21-7 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance carbamic acid, 1H-benzimidazol-2-yl-, methyl ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
12069-69-1 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance copper, [µ-[carbonato(2-)-O:O’]]dihydroxydi-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
13356-08-6 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance distannoxane, hexakis(2-methyl-2-phenylpropyl)-. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
20543-04-8 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance octanoic acid, copper salt. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.
23564-05-8 S′	1 Any activity involving, in any one calendar year, more than 100 kg of the substance carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester. 2 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 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) the information specified in item 11 of Schedule 6 to those Regulations; (f) 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; (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 or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency; (h) the name, civic and postal addresses, telephone number and, if any, fax number and email address of the person 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 (i) a certification that the information is accurate and complete, dated and signed by the person 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. 3 The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

Coming into Force

4 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 19 substances listed in Table 1 in the annex to this statement have properties of concern that could pose a risk to the environment or human health if exposure levels to the substances were to increase due to new activities. In addition, prior to 2014, the Minister of the Environment (the Minister) had applied the significant new activity (SNAc) provisions under the Canadian Environmental Protection Act, 1999 (CEPA or the Act) to the six substances listed in Table 2 in the annex to this statement. Those six substances had been subjected to SNAc requirements, and as a result of a review of current SNAc orders and notices, they were determined to require variation. In order to address these concerns, the Minister is amending the Domestic Substances List (DSL) in accordance with subsection 87(3) of the Act to apply the SNAc provisions of CEPA to the 19 substances in Table 1, and to vary (i.e. change) the SNAc requirements on the six substances in Table 2.

Background

The Chemicals Management Plan (CMP) is a federal program that assesses and manages chemical substances and living organisms that may be harmful to the environment or human health. The Minister of the Environment and the Minister of Health (the ministers) assessed the 25 substances in Table 1 and Table 2 in accordance with section 68 or section 74 of CEPA, as part of the CMP.

Description and uses of the 19 substances in Table 1

The 19 substances in Table 1 do not occur naturally in the environment, and are registered as active ingredients in pest control products under the Pest Control Products Act (PCPA). Current known uses of the substances are limited to pesticide applications that have already been assessed under the PCPA.

The Department of the Environment and the Department of Health (the departments) issued three mandatory surveys under section 71 of CEPA^{footnote 1} encompassing the 19 substances. Information received from industry from the reporting years 2006, 2009, and 2011 revealed no reports of industrial activity (import or manufacture) above the reporting threshold of 100 kilograms (kg) per calendar year that were outside those regulated under the PCPA.

Summary of the screening assessment for the 19 substances in Table 1

In October 2016, the ministers published a screening assessment for 19 substances on the Canada.ca (Chemical Substances) website. The screening assessment was conducted to determine whether any of the 19 substances meets one or more of the criteria set out in section 64 of CEPA (i.e. to determine if any of the substances could pose a risk to the environment or human health).

Under section 64 of CEPA, a substance is considered toxic if it is entering or may enter the environment in a quantity, concentration, or under conditions that

(a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;
(b) constitute or may constitute a danger to the environment on which life depends; or
(c) constitute or may constitute a danger in Canada to human life or health.

The departments collected and considered information from multiple sources (e.g. data from mandatory surveys issued under section 71 of CEPA and data from relevant pesticidal and non-pesticidal databases) to conclude that the 19 substances do not meet any of the criteria set out in section 64 of CEPA.

Summary of the ecological and human health assessments

Given that the screening assessment found no uses of the 19 substances in Canada outside of those regulated under the PCPA, the likelihood of exposure to these substances, and the potential for harm to the environment or human health from non-pesticidal applications, was deemed to be low. The assessment also determined that the 19 substances are recognized as having properties of concern that could pose a risk to the environment or human health, if exposure levels were to increase due to new activities that are not regulated under the PCPA. In order to address these potential concerns, the Minister is applying the SNAc provisions of CEPA to the 19 substances.

Summary of SNAc provisions of CEPA

Under CEPA, any person (individual or corporation) is permitted to carry out activities associated with any substance listed on the DSL without an obligation to notify the Minister of such activities, provided the substance is not subject to any risk management or other instruments under the Act. However, if the ministers assess a substance and available information suggests that certain new activities related to that substance may pose a risk to the environment or human health, the Minister may apply the SNAc provisions of CEPA to the substance.^{footnote 2} These provisions establish a requirement for any person considering undertaking a significant new activity (in relation to any substance subject to the provisions) to submit a Significant New Activity Notification (SNAN) to the Minister containing certain required information. Upon receipt of the complete information, the ministers would conduct further assessment of the substance, and, if necessary, implement risk management measures before the activity is undertaken.

The departments' review of published SNAc orders and notices

In 2015, the departments initiated a review of all SNAc orders and notices published prior to 2014 to ensure that all published SNAc requirements are consistent with current information, policies, and approaches, applying all elements of the 2013 Policy on the Use of Significant New Activity Provisions of CEPA. The departments expect that any changes to published SNAc orders and notices resulting from the review would provide greater clarity of scope and improved ease of compliance by industry, while keeping measures protective of the environment and human health.

Review of the published SNAc orders on the six substances in Table 2

In 2016, the departments completed a review of the published SNAc orders on the six substances in Table 2 (the Review). The Review maintained the low characterization of risk associated with current exposure to the six substances, and recommended that the SNAc provisions of CEPA previously applied to those substances remain in place. While the Review found that the published SNAc requirements for the six substances were reflective of current information, the Review found that they were not reflective of current policies and approaches, such as being explicit about exclusions. Accordingly, the Minister is amending the DSL to vary the notification and information requirements on the six substances.

Objective

The objectives of Order 2020-87-21-01 Amending the Domestic Substances List (the Order) are as follows:

Contribute to the protection of the environment and human health by applying the SNAc provisions of CEPA to the 19 substances in Table 1. The Order requires that the Minister be notified of any significant new activity involving any of the 19 substances so that further assessment of the substance is conducted, and, if necessary, risk management measures are implemented before the activity is undertaken; and
Align published SNAc orders with current policies and approaches, by varying the SNAc requirements on the six substances in Table 2.

Description

Pursuant to subsection 87(3) of CEPA, the Order applies subsection 81(3) of CEPA (i.e. the SNAc provisions) to the 19 substances in Table 1, and varies the notification and information requirements on significant new activities associated with the 6 substances in Table 2.

Applicability

The Order requires any person (individual or corporation) wishing to engage in a significant new activity in relation to any of the 25 substances in Table 1 and Table 2 to submit a SNAN to the Minister. The SNAN must contain all of the information prescribed in the Order, and must be submitted at least 90 days prior to the import, manufacture, or use of the substance for the proposed significant new activity.^{footnote 3} The ministers will use the information submitted in the SNAN and other available information to conduct further assessment of the substance, and, if necessary, implement risk management measures before the activity is undertaken.

Notification requirements

Below is a summary of the new or varied notification requirements for the 25 substances in Table 1 and Table 2. For specific details, please see the regulatory text in the Order.

Activities subject to notification requirements

The Order replaces the previous notification requirements on the 6 substances in Table 2 with new notification requirements, which match the new notification requirements on the 19 substances in Table 1. For any of the 25 substances, the notification requirements apply to

any activity (including the use of the substances as a research and development substance, a site-limited intermediate substance, or a contained export-only substance)^{footnote 4} in which the total quantity of the substance involved in that activity in one calendar year is greater than 100 kg.

In addition, for the six substances in Table 2, the clause "… to which the Pest Control Products Act does not Apply …" is no longer necessary within the SNAc definition, since the PCPA is listed on Schedule 2 of CEPA, and is therefore recognized as having CEPA-equivalent provisions for assessing the risk of uses and activities of any substance regulated under the PCPA.

Activities not subject to notification requirements

For the 25 substances in Table 1 and Table 2, the notification requirements do not apply to

any use of the substance that is regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the PCPA, the Fertilizers Act, and the Feeds Act;
any use of the substance that is exempt or excluded from notification requirements under CEPA (i.e. as a transient reaction intermediate, impurity, contaminant, partially unreacted material or incidental reaction product, and, under certain circumstances, in mixtures, manufactured items, wastes, or substances carried through Canada);^{footnote 5}
in the case of one of the 19 substances in Table 1 (CAS RN^{footnote 6} 87-90-1): any activity involving the use of the substance in a cleaning product (as defined in section 116 of CEPA),^{footnote 7} if the product contains the substance at a concentration equal to or less than 5% by weight, and the total quantity of the substance used in the product is less than 10 000 kg in one calendar year; and
in the case of one of the 19 substances in Table 1 (CAS RN 8001-58-9): any activity involving the production of the substance from coal tar when used in a pest control product that is regulated under the PCPA.

Information requirements

Below is a summary of the information requirements for the notification of a proposed significant new activity in relation to any of the 25 substances in Table 1 and Table 2. For specific details, please see the regulatory text in the Order.

The Order introduces the following new information requirements for the 19 substances in Table 1, and replaces the previous information requirements for the 6 substances in Table 2 with

a description of the proposed significant new activity in relation to the substance;
relevant information in Schedule 4, 5, and 6 of the New Substances Notification Regulations (Chemicals and Polymers); and
other information in respect of the substance, including additional details surrounding use, and exposure information.

Regulatory development

Consultation

On November 12, 2016, the Minister published a Notice of Intent (NOI) to apply the SNAc provisions of CEPA to the 19 substances in Table 1 and to vary the SNAc requirements on the 6 substances in Table 2 in the Canada Gazette, Part I, for a 60-day public comment period. The Department received seven comments during this period, the majority of which pertained to technical elements. For example, one stakeholder requested that an explicit exclusion regarding pesticidal uses of the 19 substances in Table 1 be added to their SNAc definitions. The Department deemed that such an addition was unnecessary, as pesticidal uses are already excluded from notification requirements under the Order. Another stakeholder provided additional information concerning an existing use of one of the 19 substances (CAS RN 87-90-1) in a certain cleaning product that would exceed the proposed SNAc threshold of 100 kg per year. Based on the information submitted by that stakeholder, and other available information, the ministers conducted further assessment of the substance in relation to that use, and did not identify exposure levels of concern to the environment or human health. As a result, the Department changed the notification threshold pertaining to the use of that substance in cleaning products from 100 kg per year to 10 000 kg per year.

The departments informed the provincial and territorial governments about the Order through the CEPA National Advisory Committee (CEPA NAC)^{footnote 8} via a letter, and provided them with an opportunity to comment. No comments were received from CEPA NAC.

Modern treaty obligations and Indigenous engagement and consultation

The assessment of modern treaty implications conducted in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation concluded that orders amending the DSL do not introduce any new regulatory requirements related to current activity, and therefore, do not result in any impact on modern treaty rights or obligations, nor create any need for specific engagement and consultation with Indigenous Peoples separate from the public comment period that followed publication of the Notice of Intent.

Instrument choice

For any substance that does not meet the criteria for a toxic substance as set out in section 64 of CEPA, but that has properties of concern for which increases in exposure could result in a risk to the environment or human health, several follow-up actions are available to the ministers. Such actions could include, but are not limited to, applying the SNAc provisions of CEPA, conducting biomonitoring (for humans), conducting environmental monitoring (for air, water, sediment, wastewater, soil, or wildlife), issuing voluntary or mandatory surveys under section 71 of CEPA, requiring facilities to report to the National Pollutant Release Inventory, and conducting consumer product testing.

Among the options for follow-up actions, applying the SNAc provisions of CEPA will be considered when

there are no or limited uses of the substance in Canada, but there is a suspicion that a significant new activity could pose risk;
the current uses of the substance in Canada present no or limited risk, but there is a suspicion that a significant new activity could pose risk; or
the current uses of the substance in Canada are adequately managed, but there is a suspicion that a significant new activity could pose risk.^{footnote 9}

The screening assessment informed the determination that applying the SNAc provisions of CEPA is the most appropriate follow-up action for the 19 substances in Table 1, since current activities involving those substances do not pose a risk to the environment or human health, but the substances contain properties of concern that could pose a risk if exposure levels were to increase due to new activities that are not regulated under the PCPA.

For the six substances in Table 2, a regulatory amendment is the only available instrument to vary SNAc requirements in published orders and notices.

Regulatory analysis

Benefits and costs

The Order contributes to the protection of the environment and human health by introducing the requirement that proposed significant new activities involving any of the 19 substances in Table 1 undergo further assessment, and that, if necessary, risk management measures are implemented before the activity is undertaken, and by maintaining this requirement for any of the 6 substances in Table 2.

For the 19 substances in Table 1, the Order does not impose any regulatory requirements (and therefore, any administrative or compliance costs) on businesses related to current activities. The Order would only target significant new activities involving any of the 19 substances, should any person choose to pursue such an activity. Varying the SNAc definition on the 6 substances in Table 2 might alter the frequency with which a person would be obligated to submit a SNAN. However, it is not possible to estimate how many significant new activities might be requested (if any), and thus, it is not possible to determine this potential difference.

In the event that any person wishes to use, import, or manufacture any of the 25 substances for a significant new activity, they would be required to submit a SNAN to the Minister containing the complete information referred to in the Order. While there is no notification fee associated with submitting a SNAN to the Minister in response to the Order, the notifier may incur costs associated with generating data and supplying the required information. Similarly, in the event that a SNAN is received, the departments would incur costs for processing the information and conducting further assessment of the substance to which the SNAN relates. The Department of the Environment will incur negligible costs for conducting compliance promotion and enforcement activities associated with the Order.

Small business lens

For the 19 substances in Table 1, the assessment of the small business lens concluded that the Order has no impact on small businesses, as it does not impose any administrative or compliance costs on businesses related to current activity. For the six substances in Table 2, the Order might alter the frequency with which a person (individual or corporation) would be obligated to submit a SNAN, and thus, might result in some associated impact to small businesses. However, since it is not possible to estimate how many significant new activities might be requested (and by whom), the potential impact of the Order on small businesses is not determinable.

One-for-one rule

For the 19 substances in Table 1, the assessment of the one-for-one rule concluded that the rule does not apply to the Order, as there is no impact on industry related to current activity. For the six substances in Table 2, the Order might alter the frequency with which a person (individual or corporation) would be obligated to submit a SNAN, and thus, might result in some incremental change to administrative burden imposed on businesses. However, since it is not possible to estimate how many significant new activities might be requested, the potential applicability of the one-for-one rule to the Order is not determinable.

Regulatory cooperation and alignment

Canada is engaged in several international bilateral and multilateral agreements related to chemicals and their management,^{footnote 10} and the CMP is administered in cooperation and alignment with these agreements.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals (PDF), a (ARCHIVED) Strategic Environmental Assessment was completed for the CMP, which includes orders amending the DSL. The assessment concluded that the CMP is expected to have a positive effect on the environment and human health.

Gender-based analysis plus

For the 19 substances in Table 1, the gender-based analysis plus (GBA+) concluded that the Order does not affect socio-demographic groups based on factors such as gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation, or gender identity, as there are no associated benefits to costs to Canadians related to current activity. Likewise, for the six substances in Table 2, no GBA+ impacts are expected, as there are no determinable associated benefits or costs to Canadians.

Implementation, compliance and enforcement, and service standards

Implementation

The Order is in force on the day that it is registered. Compliance promotion activities conducted as part of implementation of the Order will include developing and distributing promotional material, responding to inquiries from stakeholders, and undertaking activities to raise industry stakeholders' awareness of the requirements of the Order.

Compliance

When assessing whether or not a substance is subject to the SNAc provisions, a person is expected to make use of information in their possession, or to which they may reasonably be expected to have access. This means information in any of the notifier's offices worldwide, or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information, and the relevant Safety Data Sheet (SDS).^{footnote 11}

If any information becomes available that reasonably supports the conclusion that a substance subject to SNAc provisions is toxic or capable of becoming toxic under section 64 of CEPA, the person who is in possession of, or who has knowledge of the information, and who is involved in activities with the substance, is obligated under section 70 of CEPA to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. In cases where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN.^{footnote 12} Any person who transfers the physical possession or control of a substance subject to an order to another should notify that person (individual or corporation) of their obligation to comply with that order, including the obligation to notify the Minister of any significant new activity and to provide all of the required information specified in that order.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult during the planning or preparation of a SNAN, to discuss any questions or concerns they have about the prescribed information and test plans. Where a person has questions concerning their obligations to comply with an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line.^{footnote 13}

Enforcement

The Order is made under the authority of CEPA, which is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act. In instances of non-compliance, consideration is given to the following factors when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations and consistency in enforcement. Suspected violations under CEPA can be reported to the Enforcement Branch by email at ec.enviroinfo.ec@canada.ca.

Service standards

In the event that a SNAN is submitted to the Minister in relation to any of the 25 substances in Table 1 and Table 2, the ministers will assess the information after the complete information is received, within the prescribed timelines set out the Order.

Annex to this statement

Table 1. The 19 substances with new SNAc requirements
CAS RN	Chemical name	Common/pesticide name
51-03-6	1,3-Benzodioxole, 5-[[2-(2-butoxyethoxy)ethoxy]methyl]-6-propyl-	Piperonyl butoxide
62-73-7	Phosphoric acid, 2,2-dichloroethenyl dimethyl ester	Dichlorvos
76-06-2	Methane, trichloronitro-	Chloropicrin
87-90-1	1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-trichloro-	Trichloro-s-triazinetrione
88-30-2	Phenol, 4-nitro-3-(trifluoromethyl)-	TFM (3-Trifluoromethyl-4-nitrophenol)
94-75-7	Acetic acid, (2,4-dichlorophenoxy)-	2,4-D (2,4-Dichlorophenoxyacetic acid)
133-06-2	1H-Isoindole-1,3(2H)-dione, 3a,4,7,7a-tetrahydro-2-[(trichloromethyl)thio]-	Captan
133-07-3	1H-Isoindole-1,3(2H)-dione, 2-[(trichloromethyl)thio]-	Folpet
333-41-5	Phosphorothioic acid, O,O-diethyl O-[6-methyl-2-(1-methylethyl)-4-pyrimidinyl] ester	Diazinon
584-79-2	Cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-, 2-methyl-4-oxo-3-(2-propenyl)-2-cyclopenten-1-yl ester	Allethrin
2921-88-2	Phosphorothioic acid, O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) ester	Chlorpyrifos
8001-58-9	Creosote	Creosote
8003-34-7	Pyrethrins and Pyrethroids	Pyrethrins
10453-86-8	Cyclopropanecarboxylic acid, 2,2-dimethyl-3-(2-methyl-1-propenyl)-, [5-(phenylmethyl)-3-furanyl]methyl ester	Resmethrin
10605-21-7	Carbamic acid, 1H-benzimidazol-2-yl-, methyl ester	Carbendazim
12069-69-1	Copper, [µ-[carbonato(2-)-O:O′]]dihydroxydi-	Copper carbonate, basic
13356-08-6	Distannoxane, hexakis(2-methyl-2-phenylpropyl)-	Fenbutatin-oxide
20543-04-8	Octanoic acid, copper salt	Copper Octanoate
23564-05-8	Carbamic acid, [1,2phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester	Thiophanate-methyl

Table 2. The six substances with varied SNAc requirements
CAS RN	Chemical name	Common/ pesticide name
72-43-5 S'	benzene, 1,1'-(2,2,2trichloroethylidene)bis[4-methoxy-	Methoxychlor
87-86-5 S'	phenol, pentachloro-	Pentachlorophenol
1582-09-8 S'	benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)-	Trifluralin
1912-24-9 S'	1,3,5-triazine-2,4diamine, 6-chloro-N-ethyl-N'-(1-methylethyl)-	Atrazine
1897-45-6 S'	1,3benzenedicarbonitrile, 2,4,5,6-tetrachloro-)	Chlorothalonil
3691-35-8 S'	1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]-	Chlorophacinone

Contacts

Thomas Kruidenier
Acting Executive Director
Program Development and Engagement Division
Department of the Environment
Gatineau, Quebec
K1A 0H3

Substances Management Information Line:
Telephone: 1‑800‑567‑1999 (toll-free in Canada) or 819‑938‑3232 (outside of Canada)
Email: eccc.substances.eccc@canada.ca

Andrew Beck
Director
Risk Management Bureau
Department of Health
Ottawa, Ontario
K1A 0K9
Telephone: 613‑948‑2585
Email: andrew.beck@canada.ca

Footnotes

Footnote a

SOR/94-311

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Footnote b

S.C. 1999, c. 33

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Footnote 1

Section 71 surveys are a tool used by the departments to collect information from industry and individuals on surveyed substances, such as their uses, as well as manufacture and import quantities, which may inform screening assessment conclusions for those substances.

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Footnote 2

To see the substances subject to SNAc provisions of CEPA, please visit the Canada.ca Open Data Portal: Significant New Activity Publications under CEPA.

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Footnote 3

Information required to complete a SNAN is unique to each substance and is described within the Canada Gazette publication that applied the SNAc provisions of CEPA to the substance. For guidance on preparing a SNAN, please see section 1.3 and section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

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Footnote 4

For more information on these terms, including their definitions, please see section 3.5 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

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Footnote 5

For more information on these terms, including definitions, please see section 3.2 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers. Please note that section 3 and subsection 81(6) of CEPA indicate that, in certain circumstances, individual components of a mixture may be subject to notification requirements under this Order.

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Footnote 6

The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

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Footnote 7

Under section 116 of CEPA, a "cleaning product" means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dishwashing compounds, metal cleaners, degreasing compounds, and household, commercial, and industrial cleaners.

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Footnote 8

Section 6 of CEPA provides that the CEPA NAC be the main intergovernmental forum for the purpose of enabling national action and avoiding duplication in regulatory activity among governments within Canada. This committee has a representative from the Department of the Environment and the Department of Health, a representative of each of the provinces and territories as well as up to six representatives of Indigenous governments.

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Footnote 9

For more information on SNAc instrument choice, please consult the Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999.

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Footnote 10

For more information on the agreements related to chemicals and their management, please see the Compendium of Canada's Engagement in International Environmental Agreements and Instruments.

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Footnote 11

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products, and may not include all the information on these hazards. Therefore, an SDS may not list all product ingredients that may be subject to the SNAc provisions of CEPA. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

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Footnote 12

More details on this subject are provided in the (ARCHIVED) Substances Management Advisory Note: Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999.

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Footnote 13

The Substances Management Information Line can be contacted at eccc.substances.eccc@canada.ca (email), 1‑800‑567‑1999 (toll-free in Canada), or 819‑938‑3232 (outside of Canada).

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