Vol. 145, No. 2 — January 19, 2011

Registration

SOR/2010-316 December 23, 2010

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

ARCHIVED — Order 2010-87-12-02 Amending the Domestic Substances List

Whereas the Minister of the Environment has been provided with information under either paragraph 87(1)(a) or (5)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of each substance referred to in the annexed Order;

Whereas, in respect of the substances being added to the Domestic Substances List (see footnote b) pursuant to subsection 87(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that those substances have been manufactured in or imported into Canada, by the person who provided the information, in excess of the quantity prescribed under the New Substances Notification Regulations (Chemicals and Polymers) (see footnote c);

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances are in effect;

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Order 2010-87-12-02 Amending the Domestic Substances List.

Gatineau, December 22, 2010

JOHN BAIRD
Minister of the Environment

ORDER 2010-87-12-02 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

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

67923-34-6 N-P

68918-91-2 N

89461-13-2 N-P

136745-87-4 N-P

167078-11-7 N-P

167078-13-9 N-P

167078-19-5 N-P

167614-39-3 N-P

313475-67-1 N-P

693217-63-9 N

1236007-61-6 N-P

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

18216-0 N-P

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl, polymer with 1,4-cyclohexanedimethanol, hydrazine, α-hydro-ω-hydroxypoly(oxy-alkanediyl) and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, compd. with 2-(dimethylamino)ethanol

18217-1 N-P

Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol and 1,6-hexanediol, 1,3-benzene dicarboxylic acid, polymer with hexanedioic acid and 1,6-hexanediol, diamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 3-isocyanatomethyl-3,5,5-trimethylcyclohexyl isocyanate, 4,4′-methylenedicyclohexyl diisocyanate

18218-2 N-P

2-Propenoic acid, 2-methyl-, 1,1-dimethylethyl ester, polymer with ethenylbenzene, 2-ethylhexyl 2-methyl-2-propenoate, 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-propenoate and 2-propenoic acid, bis(substituted alkyl)peroxide- and 1,1-dimethylpropyl 2-ethylhexaneperoxoate-initiated

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issue and objectives

The purpose of Order 2010-87-12-02 Amending the Domestic Substances List and Order 2010-66-12-01 Amending the Domestic Substances List (hereafter collectively referred to as “the Orders”), made under subsections 66(3) and 87(1) and (5) of the Canadian Environmental Protection Act, 1999, is to add 15 substances to the Domestic Substances List. In addition, since a substance cannot appear on both the Domestic Substances List and the Non-domestic Substances List, two orders to remove 10 substances from the Non-domestic Substances List are being proposed.

Description and rationale

The Domestic Substances List

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 requires that the Minister of the Environment maintain a list of substances, to be known as the “Domestic Substances List,” which specifies all substances that, in the case of chemicals or polymers, “the Minister is satisfied were, between January 1, 1984 and December 31, 1986, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada.”

For the purposes of the Canadian Environmental Protection Act, 1999, the Domestic Substances List is the sole basis for determining whether a substance is “existing” or “new” to Canada. Substances on the Domestic Substances List, except those identified with the indicator “S”, “S’ ” or “P”, (see footnote 2) are not subject to the requirements of section 81 of the Canadian Environmental Protection Act, 1999 or of its Regulations made under section 89, namely the New Substances Notification Regulations (Chemicals and Polymers). Substances that are not on the Domestic Substances List will require notification and assessment as prescribed by those Regulations, before they can be manufactured in or imported into Canada.

The Domestic Substances List was published in the Canada Gazette, Part II, in May 1994. However, the Domestic Substances List is not a static list and is subject, from time to time, to additions, deletions or corrections that are published in the Canada Gazette. Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, on July 4, 2001, establishes the structure of the List, whereby substances are listed by categories based on certain criteria. (see footnote 3)

The Non-domestic Substances List

The United States Toxic Substances Control Act Inventory has been chosen as the basis for the Non-domestic Substances List. On a semi-annual basis, the Non-domestic Substances List is updated based on amendments to the American inventory. The Non-domestic Substances List only applies to substances that are chemicals and polymers. Substances added to the Non-domestic Substances List remain subject to notification and scientific assessment as new substances in Canada when manufactured or imported quantities exceed 1 000 kg per year, in order to protect the environment and human health. However, they are subject to fewer information requirements.

Additions to the Domestic Substances List

Where a substance was not included on the Domestic Substances List and the Minister of the Environment subsequently learns that, between January 1, 1984 and December 31, 1986, the substance was, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada, subsection 66(3) of the Canadian Environmental Protection Act, 1999, requires the Minister to add the substance to that List.

Subsection 87(1) of the Canadian Environmental Protection Act, 1999 requires the Minister to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1); (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of (i) 1 000 kg in any calendar year, (ii) an accumulated total of 5 000 kg, or (iii) the quantity prescribed for the purposes of this section; and (c) the period for assessing the information under section 83 has expired; and (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

Subsection 87(5) of the Canadian Environmental Protection Act, 1999 requires the Minister to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information; (b) the period for assessing the information under section 83 has expired; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

Therefore, as 1 substance met the criteria under subsection 66(3) and 14 substances met the criteria under subsections 87(1) or (5), the Orders add them to the Domestic Substances List.

Publication of masked names

Section 88 of the Canadian Environmental Protection Act, 1999 requires the use of a masked name where the publication of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314 of that Act. The procedure to be followed for creating such a name is set out in the Masked Name Regulations. The Order 2010-87-12-02 adds three masked names to the Domestic Substances List. Despite section 88, the identity of these substances may be disclosed by the Minister in accordance with sections 315 or 316 of the Canadian Environmental Protection Act, 1999. Persons that wish to determine if a substance is listed on the confidential portion of the Domestic Substances List must file a Notice of Bona Fide intent to manufacture or import with the New Substances program.

Deletions from the Non-domestic Substances List

Substances added to the Domestic Substances List, if they appear on the Non-domestic Substances List, shall be deleted from that List as indicated under subsections 66(3) and 87(1) and (5) of the Canadian Environmental Protection Act, 1999. Ten substances that are being added to the Domestic Substances List are present on the Non-domestic Substances List, and would therefore be deleted.

Alternatives

The Canadian Environmental Protection Act, 1999 sets out a process for updating the Domestic Substances List in accordance with strict timelines. Since the 15 substances covered by the Orders met the criteria for addition to that List, no alternative to their addition has been considered.

Similarly, there is no alternative to the proposed Non-domestic Substances List corrections, since substances’ names cannot be on both the Domestic Substances List and the Non-domestic Substances List.

Benefits and costs

Benefits

The amendment of the Domestic Substances List will benefit the public and governments by identifying additional substances that are in commerce in Canada, and will also benefit industry by exempting them from all assessment and reporting requirements under section 81 of the Canadian Environmental Protection Act, 1999.

Costs

There will be no incremental costs to the public, industry or governments associated with the Orders.

Consultation

As the Orders are administrative in nature and do not contain any information that would be subject to comment or objection by the general public, no consultation was required.

Implementation, enforcement and service standards

The Domestic Substances List identifies substances that, for the purposes of the Canadian Environmental Protection Act, 1999, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers). Furthermore, as the Orders only add 15 substances to the Domestic Substances List, developing an implementation plan, a compliance strategy or establishing a service standard is not required.

Contact

David Morin
Executive Director
Program Development and Engagement Division
Environment Canada
Gatineau, Quebec
K1A 0H3
Substances Management Information Line:
1-800-567-1999 (toll free in Canada)
819-953-7156 (outside of Canada)
Fax: 819-953-7155
Email: substances@ec.gc.ca

Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote c
SOR/2005-247

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/94-311

Footnote 2
Some substances listed on the Domestic Substances List with the indicator “S” or “S’ ” may require notification in advance of their manufacture, import or use for a significant new activity. Aswell, substances with the indicator “P” require notification in advance of their manufacture or import if they are in a form that no longer meets the reduced regulatory requirement criteria as defined in the New Substances Notification Regulations (Chemicals and Polymers).

Footnote 3
For more information, please visit www.gazette.gc.ca/rp-pr/p2/2001/2001-07-04/pdf/g2-13514.pdf.