ARCHIVED — Vol. 147, No. 3 — January 30, 2013

Registration

SOR/2013-2 January 16, 2013

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2012-87-11-01 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), makes the annexed Order 2012-87-11-01 Amending the Domestic Substances List.

Gatineau, January 11, 2013

PETER KENT
Minister of the Environment

ORDER 2012-87-11-01 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:

  • 9072-88-2 N-P
  • 20294-76-2 N
  • 230309-38-3 N
  • 1160728-52-8 N-P

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

10905-6 N

Alkanediol

Alcanediol

16018-7 N

Benzenesulfonic acid, mono-branched alkyl derivs, sodium salts

Monoalkyl(ramifié)benzènesulfonates de sodium

18514-1 N-P

Organic acid, telomer with 1-dodecene and 2-propanol, sodium salt

Acide organique télomérisé avec du dodéc-1-ène et du propan-2-ol, sel de sodium

18517-4 N-P

2-Propenoic acid, 2-methyl-, C16-18 alkyl esters, polymers with N-(hydroxymethyl)-2-methyl-2-propenamide, polyfluorooctyl methacrylate and rel-(1R,2R,4R)-1,7,7-trimethylbicyclo[2.2.1]hept-2-yl methacrylate, 2,2′-(1,2-diazenediyl)bis[2,4-dimethylpentanenitrile]-initiated

Méthacrylates d’alkyle en C16-18 polymérisés avec du N-(hydroxyméthyl)méthacrylamide, du méthacrylate de polyfluorooctyle et du méthacrylate de rel-(1R,2R,4R)-1,7,7-triméthylbicyclo[2.2.1]hept-2-yle, amorcé avec du 2,2′-(diazènediyl)bis[2,4-diméthylpentanenitrile]

18518-5 N-P

1,4-Benzenedicarboxylic acid, polymer with (2E)-2-butenedioic acid, 2-ethyl-2-(alkyl alcohol)-1,3-propanediol and 1,2-propanediol

Acide téréphtalique polymérisé avec de l’acide (2E)-but-2-ènedioïque, du 2-éthyl-2-(hydroxyalkyl)propane-1,3-diol et du propane-1,2-diol

18519-6 N

1,3-Benzenedicarboxylic acid, polymer with 2,2-dimethyl-1,3-propanediol, hexanedioic acid, 1,6-hexanediol, substituted poly[oxy(methyl-1,2-ethanediyl)], 1,3-isobenzofurandione, 1,1′-methylenebis[isocyanatobenzene] and 2,2′-oxybis[ethanol]

Acide isophtalique polymérisé avec du néopentanediol, de l’acide adipique, de l’hexane-1,6-diol, du poly(oxypropane-1,2-diyle) substitué, de l’isobenzofurane-1,3-dione, du 1,1′-méthylènebis[isocyanatobenzène] et du 2,2′-oxybis[éthanol]

18521-8 N-P

Carbonic acid, dimethyl ester, polymer with 1,6-hexanediol, diamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 3-isocyanatomethyl-3,5,5-trimethylcyclohexyl isocyanate, and 1,4-cyclohexanedimethanol

Carbonate de diméthyle polymérisé avec de l’hexane-1,6-diol, une diamine, de l’acide 2,2-bis(hydroxyméthyl)propanoïque, du 1-isocyanato-3-isocyanatométhyl-3,5,5-triméthylcyclohexane et du cyclohexane-1,4-diméthanol

18523-1 N

1,4-Benzenedicarboxylic acid, polymers with diethylene glycol, polyol, methyloxoheteromonocycle, modified carbomonocycle process stream, polyol, phthalic anhydride and polyethylene glycol

Acide téréphtalique polymérisé avec du 3-oxapentane-1,5-diol, un polyol, un méthyloxohétéromonocycle, un composé de traitement de carbomonocycle modifié, un autre polyol, de la 2-benzofurane-1,3-dione et du poly(éthane-1,2-diol)

18524-2 N-P

Dicarboxylic acid, polymer with 2-methyl-1,3-propanediol

Acide dicarboxylique polymérisé avec du 2-méthylpropane-1,3-diol

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

18485-8 N-S

  • 1. Any activity involving the use of the substance 2-Propenoic acid, 2-methyl-, alkyl ester, polymer with butyl 2-propenoate, ethenylbenzene, 2-hydroxyethyl 2-propenoate, 2-oxiranylmethyl 2-methyl-2-propenoate and rel-(1R,2R,4R)-1,7,7-trimethylbicylco[2.2.1]hept-2-yl 2-propenoate, bis(1,1-dimethylpropyl)peroxide and 1,1-dimethylpropyl 2-ethlyhexaneperoxoate-initiated, in any quantity in a coating or adhesive that is a consumer product as defined in section 2 of the Canada Consumer Product Safety Act.

  • 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 that 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) if known, the three sites in Canada where the greatest quantity of the substance is anticipated to be used or processed and the estimated quantity by site;

    • (d) if the quantity of the substance involved in the significant new activity exceeds 50 000 kg per calendar year, the information specified in paragraph 11(3)(a) of the New Substances Notification Regulations (Chemicals and Polymers);

    • (e) the information specified in Schedule 9 to those Regulations;

    • (f) the information specified in item 5 of Schedule 10 to those Regulations;

    • (g) the information specified in item 10 of Schedule 11 to those Regulations;

    • (h) a summary of 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 have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;

    • (i) the identification of every other government agency, either outside or within Canada, that has been notified of the significant new activity by the person proposing it and, if known, the agency’s file number and the outcome of the assessment and, if any, the risk management actions in relation to the substance imposed by the agency;

    • (j) 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 any, the person authorized to act on behalf of that person; and

    • (k) a certification stating 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 authorized to act on their behalf.

  • 3. The above information will 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.)

1. Background
The Domestic Substances List

The Domestic Substances List (DSL) is a list of substances or living organisms that are considered “existing” for the purposes of the Canadian Environmental Protection Act, 1999 (CEPA 1999). “New” substances or living organisms, which are not on the DSL, are subject to notification and assessment requirements before they can be manufactured in or imported into Canada. These requirements are set out in section 81 of CEPA 1999 or the New Substances Notification Regulations (Chemicals and Polymers) for substances and in section 106 of CEPA 1999 or the New Substances Notification Regulations (Organisms) for living organisms.

The DSL was published in the Canada Gazette, Part II, in May 1994. From time to time, the DSL is amended to add or remove substances or to make corrections. Substances or living organisms on the DSL are categorized based on certain criteria. (see footnote 2)

The Non-domestic Substances List

The Non-domestic Substances List (NDSL) is a list of substances subject to notification and assessment requirements when manufactured in or imported into Canada in quantities above 1 000 kg per year. Compared to the reporting requirements for a substance not listed on the DSL or the NDSL, there are fewer requirements for substances listed on the NDSL.

The NDSL is updated semi-annually based on amendments to the United States Toxic Substances Control Act Inventory. Furthermore, the NDSL only applies to chemicals and polymers.

2. Issue

Fourteen substances have met the necessary conditions for addition to the DSL. These substances are currently considered “new” and are therefore subject to reporting requirements before they can be manufactured in or imported into Canada above threshold quantities. This places unnecessary burden on the importers and manufacturers of the substance since sufficient information has been collected for these substances and reporting is no longer required.

3. Objectives

The objectives of the Order 2012-87-11-01 Amending the Domestic Substances List (hereafter referred to as “the Order”) are to remove the unnecessary reporting burden associated with the import or manufacture of these 14 substances, to make the DSL more accurate and to comply with the requirements of CEPA 1999.

4. Description

The Order adds 14 substances to the DSL. To protect confidential business information, 10 of the 14 substances being added to the DSL will have their chemical names masked.

Furthermore, as substances cannot be on both the DSL and the NDSL, the proposed Order 2012-87-11-02 would delete two substances that are being added to the DSL from the NDSL.

Additions to the Domestic Substances List

The Order adds 14 substances to the DSL. Substances added under section 87 of CEPA 1999 must be added to the DSL within 120 days once all of the following conditions are met:

  • the Minister has been provided with the most comprehensive package of information regarding the substance; (see footnote 3)
  • the substance has been manufactured in or imported into Canada by a person above a quantity set out in paragraph 87(1)(b) of CEPA 1999, or that all prescribed information has been provided to the Minister of the Environment, irrespective of the quantities;
  • the period prescribed for the assessment of the submitted information for the substances has expired; and
  • the substance is not subject to any conditions imposed on the import or manufacture of the substance.

Furthermore, where a substance is specified on the DSL,the Minister of the Environment may amend the DSL in respect of the substance to indicate that significant new activities in relation to the substance apply. In this case, a substance is being added to the DSL with a significant new activity notice to ensure further assessment is conducted prior to its use in consumer product applications.

Publication of masked names

The Order masks the chemical names for 10 of the 14 substances being added to the DSL. Masked names are required by CEPA 1999 if the publication of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of CEPA 1999. The procedure to be followed for creating a masked name is set out in the Masked Name Regulations. Anyone who wishes to determine if a substance is on the confidential portion of the DSLmust file a Notice of Bona Fide Intent to Manufacture or Import with the New Substances Program.

5. 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.

6. Rationale

Fourteen “new” substances have met the necessary conditions to be placed on the DSL. The Order adds these 14 substances to the DSL and exempts them from further reporting requirements under section 81 of CEPA 1999.

CEPA 1999 sets out a process for updating the DSL in accordance with strict timelines. Since the 14 substances covered by the Order meet the criteria for addition to the DSL, no alternatives to their addition have been considered. Similarly, there is no alternative to the proposed NDSL amendments, since a substance name cannot be on both the DSL and the NDSL.

The Order will benefit the public and governments by identifying additional substances that are in commerce in Canada. Also, it will benefit the industry by exempting these substances from assessment and reporting requirements under subsection 81(1) of CEPA 1999. There will be no incremental costs to the public, industry or governments associated with the Order.

7. Implementation, enforcement and service standards

The DSL identifies substances that, for the purposes of CEPA 1999, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers). Furthermore, as the Orderonly adds substances to the DSL, developing an implementation plan or a compliance strategy or establishing a service standard is not required.

8. Contact

Greg Carreau
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
    The Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, in July 2001, establishes the structure of the DSL. For more information, please visit www.gazette.gc.ca/rp-pr/p2/2001/2001-07-04/pdf/g2-13514.pdf.
  • Footnote 3
    The New Substances Notification Regulations (Chemicals and Polymers) under CEPA 1999 set out the most comprehensive package of information requirements.