Order 2020-87-03-01 Amending the Domestic Substances List: SOR/2020-18

Canada Gazette, Part II, Volume 154, Number 4

Registration

SOR/2020-18 January 30, 2020

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Whereas the Minister of the Environment has been provided with information under paragraph 87(5)(a) of the Canadian Environmental Protection Act, 1999 footnote a in respect of each substance referred to in the annexed Order that is added to the Domestic Substances List footnote b pursuant to subsection 87(1) or (5) of that Act;

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

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

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

Therefore, the Minister of the Environment, pursuant to subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2020-87-03-01 Amending the Domestic Substances List.

Gatineau, January 28, 2020

Jonathan Wilkinson
Minister of the Environment

Order 2020-87-03-01 Amending the Domestic Substances List

Amendments

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

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

19352-0 N

1,2,3-Propanetriol, polymers with oxidized carbomonocyclic non-volatile residue

Propane-1,2,3-triol polymérisé avec du résidu non volatil d’un carbomonocycle oxydé

19378-6 N

Carbomonocycledicarboxylic acid, polymers with pentaerythritol, diethylene glycol, phthalic anhydride, tetraethylene glycol, triethylene glycol

Acide carbomonocycledicarboxylique polymérisé avec du 2,2 bis(hydroxyméthyl)propane-1,3-diol, du 3-oxapentane-1,5-diol, de la 2-benzofurane-1,3-dione, du 3,6-dioxaoctane-1,8-diol et du 3,6,9-trioxaundécane-1,11-diol

19379-7 N-P

Alkenedioic acid, alkyl ester, polymer with alkenyl acetate, hydrolyzed, metal salt

Alcènedioate de monoalkyle polymérisé avec un acétate d’alcényle, hydrolysé, sel de métal

19380-8 N-P

2-Propenoic acid, 2-methyl-, alkylhexyl ester, polymer with alkyl 2-propenoate, ethenylbenzene, 2-hydroxyalkyl 2-methyl-2-propenoate and methyl 2-methyl-2-propenoate, 2,2′-(1,2-diazenediyl)bis[2,4-dimethylpentanenitrile]-initiated

2-Méthylprop-2-ènoate d’un alkylhexyle polymérisé avec un prop-2-ènoate d’alkyle, du styrène, un 2-méthylprop-2-ènaote de 2-hydroxyalkyle et du 2-méthylprop-2-ènoate de méthyle, amorcé avec du 2,2′-(diazènediyl)bis[2,4-diméthylpentanenitrile]

3 Part 4 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

18498-3 N-S
  • 1 The use of the substance benzaldehyde, reaction products with polyalkylenepolyamines, hydrogenated in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act.
  • 2 The use, in a quantity greater than 10 kg in a calendar year, of the substance benzaldehyde, reaction products with polyalkylenepolyamines, hydrogenated in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act.
  • 3 Despite sections 1 and 2, a use of the substance is not a significant new activity if the substance is used
    • (a) as a research and development substance or site-limited intermediate substance, as those terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
    • (b) in a consumer product or a cosmetic, as described in those sections, that is for export only.
  • 4 For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used;
    • (c) the information specified in paragraphs 7(c) and (d) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in paragraphs 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the consumer product or cosmetic that contains the substance, the intended use of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
    • (f) the quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (g) the test data and a test report from a skin sensitization study in respect of the substance that is conducted at concentrations sufficient to determine an EC3 value in accordance with the methodology described in the Organisation for Economic Co-operation and Development (OECD) Guidelines for the Testing of Chemicals, Test No. 429: Skin Sensitisation: Local Lymph Node Assay, that is current at the time the test is conducted;
    • (h) the test data and a test report from a repeated dose toxicity test, in respect of the substance that is conducted via the dermal route in accordance with the methodology described in the OECD Guidelines for the Testing of Chemicals, Test No. 410: Repeated Dose Dermal Toxicity: 21/28-day Study, that is current at the time the test is conducted;
    • (i) 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 hazards the substance presents to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) 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;
    • (k) 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
    • (l) 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.
  • 5 The tests referred to in paragraphs 4(g) and (h) must be conducted in accordance with the Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted by the OECD on May 12, 1981, that are current at the time the tests are conducted.
  • 6 The information in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

19155-3 N-S
  • 1 The use of the substance 2-propenenitrile, reaction products with alkylenediamine, hydrogenated, N-benzyl derivs. in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act.
  • 2 The use, in a quantity greater than 10 kg in a calendar year, of the substance 2-propenenitrile, reaction products with alkylenediamine, hydrogenated, N-benzyl derivs. in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act.
  • 3 Despite sections 1 and 2, a use of the substance is not a significant new activity if the substance is used
    • (a) as a research and development substance or site-limited intermediate substance, as those terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
    • (b) in a consumer product or a cosmetic, as described in those sections, that is for export only.
  • 4 For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used;
    • (c) the information specified in paragraphs 7(c) and (d) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in paragraphs 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the consumer product or cosmetic that contains the substance, the intended use of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
    • (f) the quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (g) the test data and a test report from a skin sensitization study in respect of the substance that is conducted at concentrations sufficient to determine an EC3 value in accordance with the methodology described in the Organisation for Economic Co-operation and Development (OECD) Guidelines for the Testing of Chemicals, Test No. 429: Skin Sensitisation: Local Lymph Node Assay, that is current at the time the test is conducted;
    • (h) the test data and a test report from a repeated dose toxicity test, in respect of the substance that is conducted via the dermal route in accordance with the methodology described in the OECD Guidelines for the Testing of Chemicals, Test No. 410: Repeated Dose Dermal Toxicity: 21/28-day Study, that is current at the time the test is conducted;
    • (i) 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 hazards the substance presents to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) 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;
    • (k) 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
    • (l) 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.
  • 5 The tests referred to in paragraphs 4(g) and (h) must be conducted in accordance with the Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted by the OECD on May 12, 1981, that are current at the time the tests are conducted.
  • 6 The information in section 4 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 Minister of the Environment and the Minister of Health (the ministers) assessed information on 14 substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List, as set out in the Canadian Environmental Protection Act, 1999 (CEPA). Therefore, under the authority of section 87 of CEPA, the Minister of the Environment (the Minister) is adding these 14 substances to the Domestic Substances List.

The ministers identified potential human health concerns regarding the use of two of the 14 substances, benzaldehyde, reaction products with polyalkylenepolyamines, hydrogenated (Confidential Accession Number 18498-3) and 2-propenenitrile, reaction products with alkylenediamine, hydrogenated, N-benzyl derivs (Confidential Accession Number 19155-3) in certain new activities. In order to address these potential human health concerns, the Minister is maintaining the existing requirements under the significant new activity (SNAc) provisions of CEPA on these two substances.

Background

Assessment of substances new to Canada

Substances that are not on the Domestic Substances List are considered new to Canada and are subject to notification and assessment requirements set out in sections 81, 83, 106 and 108 of CEPA, as well as in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). CEPA and these regulations ensure that new substances introduced to the Canadian marketplace over certain quantities are assessed to identify potential risks to the environment and human health, and that appropriate control measures are taken, if deemed necessary.

For more information on the thresholds and scope of the regulations, please see section 1 in the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers and section 2 of the Guidelines for the Notification and Testing of New Substances: Organisms.

Domestic Substances List

The Domestic Substances List (SOR/94-311) provides an inventory of substances in the Canadian marketplace. It was originally published in the Canada Gazette, Part II, in May 1994. The current structure of the Domestic Substances List was established in 2001 (Order 2001-87-04-01 Amending the Domestic Substances List (PDF) [SOR/2001-214]), and amended in 2012 (Order 2012-87-09-01 Amending the Domestic Substances List [SOR/2012-229]). The Domestic Substances List is amended, on average, 12 times per year to add, update or delete substances.

The Domestic Substances List includes eight parts defined as follows:

Part 1

Sets out chemicals and polymers, except those referred to in Part 2, 3 or 4, that are identified by their Chemical Abstracts Service Registry Number (CAS registry number), footnote 2 or their Substance Identity Number assigned by the Department of the Environment and the name of the substance.

Part 2

Sets out chemicals and polymers subject to SNAc requirements that are identified by their CAS registry number.

Part 3

Sets out chemicals and polymers, except those referred to in Part 4, that are identified by their masked name and their Confidential Accession Number (CAN) assigned by the Department of the Environment.

Part 4

Sets out chemicals and polymers subject to SNAc requirements that are identified by their masked name and their CAN.

Part 5

Sets out inanimate biotechnology products and living organisms, except those referred to in Part 6, 7 or 8, that are identified by their American Type Culture Collection (ATCC) number, International Union of Biochemistry and Molecular Biology (IUBMB) number or specific substance name.

Part 6

Sets out inanimate biotechnology products and living organisms subject to SNAc requirements that are identified by their ATCC number, IUBMB number or specific substance name.

Part 7

Sets out inanimate biotechnology products and living organisms, except those referred to in Part 8, that are identified by their masked name and their CAN.

Part 8

Sets out inanimate biotechnology products and living organisms subject to SNAc requirements that are identified by their masked name and their CAN.
Adding substances to the Domestic Substances List

Chemicals or polymers must be added to the Domestic Substances List under section 66 of CEPA if they were manufactured in, or imported into, Canada by any person (individual or corporation) between January 1, 1984, and December 31, 1986, in a quantity greater than or equal to 100 kg in any one calendar year, or if, during this period, they were in Canadian commerce or used for commercial manufacturing purposes in Canada.

Living organisms must be added to the Domestic Substances List under section 105 of CEPA if they were manufactured in, or imported into, Canada by any person between January 1, 1984, and December 31, 1986, and if, during this period, they entered or were released into the environment without being subject to conditions under an Act of Parliament or the legislature of a province.

In addition, new substances must be added to the Domestic Substances List under subsection 87(1), 87(5) or 112(1) of CEPA within 120 days after the following criteria have been met:

Criteria for adding, varying or rescinding SNAc requirements for substances on the Domestic Substances List

Amendments to the Domestic Substances List may also allow the addition, the variation or the rescission of reporting obligations imposed under the SNAc provisions of CEPA, the application guidelines of which are defined in the Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999. If a substance has been assessed and available information suggests that there may be a risk to human health or the environment from the use of the substance in certain new activities, the Minister may add the substance to the Domestic Substances List with reporting obligations under subsection 87(3) under CEPA. The SNAc provisions of CEPA establish a requirement for any person proposing to import, manufacture or use the substance for a significant new activity to provide the required information as part of a notification to the Minister. Upon receipt of the complete information, an assessment of the substance relating to the proposed significant new activity is conducted before the new activity is undertaken in Canada. To see the substances subject to SNAc provisions of CEPA, please consult the Significant New Activity Publications under the Canadian Environmental Protection Act, 1999 on the Government of Canada’s Open Data Portal.

Adding 14 substances to the Domestic Substances List

The ministers assessed information on 14 substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List, under subsections 87(1) and 87(5) of CEPA. These 14 substances are therefore being added to the Domestic Substances List and, as a result, are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers).

Two of the 14 substances were subjected to the SNAc provisions under CEPA:

The SNAc provisions of CEPA were applied to these substances before their addition to the Domestic Substances List pursuant to the Significant New Activity Notice No. 19655 and the Significant New Activity Notice No. 19673, published in November 2018. The SNAc provisions were applied to address potential human health concerns if the substances were to be used in certain new activities involving consumer products. Potential human health concerns were identified because the substances have the potential to cause skin sensitization. Therefore, the SNAc requirements are being maintained and, as a result, are being added with the substances to the Domestic Substances List.

Objective

The first objectives of Order 2020-87-03-01 Amending the Domestic Substances List (the Order) is to add 14 substances to the Domestic Substances List. The Order is expected to facilitate access to these substances for businesses as they are no longer subject to requirements under subsection 81(1) of CEPA. The second objective of the Order is to contribute to the protection of human health by maintaining the application of the SNAc provisions of CEPA to the substances identified by the CAN 18498-3 and CAN 19155-3. The Order requires that the Minister be notified of any significant new activity involving either substance so that an assessment of the substance relating to the proposed significant new activity is conducted before the activity is undertaken in Canada and, if necessary, risk management measures are implemented.

Description

The Order is a legal instrument made by the Minister pursuant to subsections 87(1), 87(3) and 87(5) of CEPA to add 14 substances (chemicals and polymers) to the Domestic Substances List:

The application of the SNAc provisions of CEPA is maintained on the substances identified by CAN 18498-3 and CAN 19155-3. It is therefore mandatory to meet the requirements of subsection 81(3) of CEPA before manufacturing, importing or using these substances for a significant new activity as defined in the Order.

SNAc applicability and reporting requirements

Under the Order, any person wishing to engage in a significant new activity in relation to the substances identified by CAN 18498-3 or CAN 19155-3 is required to submit a significant new activity notification (SNAN) to the Minister containing all of the information prescribed in the Order at least 90 days prior to using the substance for the proposed activity. After the complete information is received, the ministers will conduct risk assessments of the substance in relation to the proposed significant new activity within the prescribed timelines set out in the Order.

Activities subject to notification requirements

The notification requirements apply to the use of the substance identified by CAN 18498-3 or CAN 19155-3 in the manufacture of any of the following products in which either substance is present in a concentration that is greater than or equal to 1% by weight:

The notification requirements also apply to the use, in a quantity greater than 10 kg in a calendar year, of either of these substances in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:

Activities not subject to notification requirements

The notification requirements do not apply to the uses of the substances identified by CAN 18498-3 or CAN 19155-3 that are regulated under any Act of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The notification requirements also do not apply to any transient reaction intermediate, impurity, contaminant, partially unreacted material, or incidental reaction product, and under certain circumstances, to mixtures, manufactured items, wastes or substances carried through Canada. 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 according to section 3 and subsection 81(6) of CEPA, individual components of a mixture may be subject to the notification requirements under certain circumstances.

Activities involving the use of these substances as research and development substances or site-limited intermediate substances or in the manufacture of an export-only product are also excluded from notification under the Order. For more information on these terms, including definitions, please see section 3.5 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Information requirements

The information required under the Order relates to details surrounding uses of the substance, exposure information and toxicity to human health. Some of the information requirements reference the New Substances Notification Regulations (Chemicals and Polymers).

The information required to complete a SNAN is unique to each substance and is described within the Order. For guidance on preparing a SNAN, please see sections 1.3 and 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Regulatory development

Consultation

As CEPA does not prescribe any public comment period before adding a substance to the Domestic Substances List, no consultation period for the Order was deemed necessary.

Modern treaty obligations and Indigenous engagement and consultation

An assessment of modern treaty obligations must be made in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. It was concluded that orders amending the Domestic Substances List do not result in any impact on modern treaty rights or obligations. It was also concluded that the making of an order under section 87 or 112 of CEPA does not require specific engagement and consultation with Indigenous peoples.

Instrument choice

Under CEPA, the Minister is required to add substances to the Domestic Substances List when they are determined to meet the criteria for addition. An order amending the Domestic Substances List is the only regulatory instrument available to comply with this obligation.

Applying the SNAc provisions of CEPA on substances new to Canada is considered when there is suspicion that activities other than those notified may pose a risk. For more information, please consult the Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999.

Regulatory analysis

Benefits and costs

The addition of 14 substances to the Domestic Substances List does not have any impact (benefits or costs), as it is administrative in nature and is a federal obligation under section 87 of CEPA that is triggered once a substance meets the criteria for addition. Applying the SNAc provisions of CEPA to the substances identified by CAN 18498-3 or CAN 19155-3 contributes to the protection of human health by requiring that potential significant new activities involving the substance undergo an assessment to determine whether they could pose a risk to human health or the environment before they are undertaken, and that, if necessary, risk management measures are implemented.

The SNAc provisions of CEPA do not target current activities involving the substances identified by CAN 18498-3 or CAN 19155-3 and would only target significant new activities involving the substance, should any person choose to pursue such an activity. In the event that any person wishes to use, import, or manufacture the substance 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 assume costs associated with generating data and supplying the required information, as well as potential costs associated with tracking used quantities to determine whether the SNAc provisions apply to any substance that the notifier uses. Similarly, in the event that a SNAN is received, the Department of the Environment and the Department of Health would incur costs for processing the information and conducting assessments of the substance relating to the proposed significant new activity. The Department of the Environment will incur negligible costs for conducting compliance promotion and enforcement activities associated with the Order.

Small business lens

An assessment under the small business lens concluded that the Order does not have any impact on small businesses as it does not impose any administrative or compliance costs on small businesses related to current activity.

One-for-one rule

The one-for-one rule concluded that the rule does not apply to the Order, as it does not impose any administrative or compliance costs on small businesses related to current activity.

Regulatory cooperation and alignment

There are no international agreements or obligations directly associated with the Order.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan of additions to the Domestic Substances List concluded that a strategic environmental assessment is not required for the Order.

Gender-based analysis plus (GBA+)

The Order is not expected to have any impact on specific groups based on factors such as sex, gender identity, ethnicity, ability, age, religion, language, geography, culture, income, sexual orientation or education.

Implementation, compliance and enforcement, and service standards

Implementation

The Order is now in force. Developing an implementation plan is not required when adding substances to the Domestic Substances List or when SNAc requirements are maintained. The Order does not constitute an endorsement from the Government of Canada of the substances to which it relates, nor an exemption from any other laws or regulations that are in force in Canada and that may apply to these substances or to activities involving them.

Compliance

When assessing whether or not a substance is subject to the SNAc provisions of CEPA, 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).

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

If any information becomes available that reasonably supports the conclusion that any of the substances added to the Domestic Substances List through this Order are toxic or capable of becoming toxic in accordance with section 64 of CEPA, a person who is in possession of or has knowledge of the information and 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. For example, in cases where a person receives possession or 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. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.

Any person who transfers the physical possession or control of a substance subject to the SNAc provisions of CEPA to another should notify them of their obligation to comply with the Order, including the obligations to notify the Minister of any significant new activity and to provide all the required information specified in the 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 obligation to comply with an order, believes that they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line at eccc.substances.eccc@canada.ca (email), 1‑800‑567‑1999 (toll-free in Canada), or 819‑938‑3232 (outside of Canada).

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, 1999 (CEPA, 1999). In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations, and consistency in enforcement when deciding which enforcement measures to take. Suspected violations can be reported to the Enforcement Branch of the Department of the Environment by email at ec.enviroinfo.ec@canada.ca.

Service standards

In the event that a SNAN is submitted to the Minister in relation to the substances identified by the CAN 18498-3 or CAN 19155-3, the ministers will assess the information within the prescribed timelines set out in the Order once the regulatory information is received.

Contact

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

Substances Management Information Line:
1‑800‑567‑1999 (toll-free in Canada)
819‑938‑3232 (outside of Canada)
Fax: 819‑938‑5212
Email: eccc.substances.eccc@canada.ca