Vol. 145, No. 13 — June 22, 2011

Registration

SOR/2011-118 June 1, 2011

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

ARCHIVED — Order 2011-87-05-01 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), (3) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Order 2011-87-05-01 Amending the Domestic Substances List.

Gatineau, May 27, 2011

PETER KENT
Minister of the Environment

ORDER 2011-87-05-01 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:

948847-35-6 N-P

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

16877-2 N-P

1,3-Benzenedicarboxylic acid, polymer with 2,2-dimethyl-1,3-propanediol, hexanedioic acid, 1,3-isobenzofurandione and alkyldiol

  Acide 1,3-benzènedicarboxylique, polymère avec 2,2-diméthyl-1,3-propanediol, acide hexanedioïque, 1,3-isobenzofurandione et alkyldiol

18256-4 N-P

Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with polyether, 1,4-cyclohexanedimethanol, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and di-substituted isocyanate, polyethylene glycol mono-Me ether-blocked

  Acide 3-hydroxy-2-(hydroxyméthyl)-2-méthylpropanoïque, polymère avec polyéther, 1,4-cyclohexanediméthanol, 5-isocyanato-1-(isocyanatométhyl)-1,3,3-triméthylcyclohexane et isocyanate disubstitué, bloqué au polyéthylèneglycolmonométhyléther
18270-0 N-P 2-Propenoic acid, polymer with 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid, α-(2-methyl-1-oxo2-propenyl)-ω-hydroxypolyoxyalkylenediyl, α-(2-methyl-1-oxo-2-propenyl)-ω-methoxypoly(oxy-1,2-ethanediyl) and sodium 2-methyl-2-propene-1-sulfonate, potassium salt

 

Acide 2-propénoïque, polymère avec acide 2-méthyl-2-[(1-oxo-2-propényl)amino]-1-propanesulfonique, α-(2-méthyl-1-oxo-2-propényl)-ω-hydroxypolyoxyalkylènediyle, α-(2-méthyl-1-oxo-2-propényl)-ω-méthoxypoly(oxy-1,2-éthanediyle) et 2-méthyl-2-propène-1-sulfonate de sodium, sel potassique

3.(1) Paragraphs 1(b) and (c) of Part 4 of the List in column 2, opposite the reference to substance 18242-8 N-S in column 1, are replaced by the following:

Column 1

Substance

Column 2
Significant New Activity for which substance is subject to subsection 81(3) of the Act

18242-8 N-S

  1. (b) the use of the substance in Canada in quantities greater than 1 000 kilograms per calendar year, other than for use as a component of a fuel additive.

(2) Subparagraphs 2(g)(i) to (iii) of Part 4 of the List in column 2, opposite the reference to substance 18242-8 N-S in column 1, are replaced by the following:

Column 1

Substance

Column 2
Significant New Activity for which substance is subject to subsection 81(3) of the Act

18242-8 N-S

  1. (i) a brief description of the manufacturing process that details precursors of the substance, reaction stoichiometry, nature (batch or continuous) and scale of the process,
  2. (ii) a flow diagram of the manufacturing process and its main components such as process tanks, holding tanks and distillation towers, and
  3. (iii) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances, and the processes to eliminate environmental release.

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.)

Issue and objectives

The purpose of the Order 2011-87-05-01 Amending the Domestic Substances List (hereafter referred to as “the Order”), made under subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999, is to add four substances to the Domestic Substances List and make a correction to the significant new activities for one substance.

Description and rationale

The Domestic Substances List

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 sections 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. The 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 or living organisms are listed by categories based on certain criteria. (see footnote 3)

Additions to the Domestic Substances 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.”

Since four substances met the criteria under subsections 87(1) or (5), the Order adds them to the Domestic Substances List.

Corrections to the Domestic Substances List

Where a substance is specified on the Domestic Substances List, subsection 87(3) of the Canadian Environmental Protection Act, 1999, permits the Minister to indicate on the List that subsection 81(3) of this Act applies with respect to the substance and to specify the significant new activities for the application of that subsection.

Corrections to the Domestic Substances List are made under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to vary the significant new activities in relation to one substance.

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 2011-87-05-01 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 section 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.

Alternatives

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

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. In addition, the Order 2011-87-05-01 will improve the accuracy of the List by making one necessary correction.

Costs

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

Consultation

As the Order is administrative in nature and does 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 Order only adds four substances to the Domestic Substances List, developing an implementation plan or 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.