Order 2019-87-04-01 Amending the Domestic Substances List: SOR/2019-93
Canada Gazette, Part II, Volume 153, Number 9
Registration
SOR/2019-93 April 9, 2019
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(5) of that Act;
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 subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2019-87-04-01 Amending the Domestic Substances List.
Gatineau, April 3, 2019
Catherine McKenna
Minister of the Environment
Order 2019-87-04-01 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:
- 34503-11-2 N-P
- 81598-70-1 N-P
- 106214-80-6 N
- 137098-09-0 N-P
2 Part 3 of the List is amended by adding the following in numerical order:
19229-7 N |
Silsesquioxanes, 3-isocyanatopropyl Pr, polymers with silicic acid (H4SiO4) tetra-Et ester, alkoxy- and hydroxy-terminated, polymers with 2,2′-(1,2-diazenediyl)bis[2-methylbutanenitrile]-initiated 2-ethylhexyl acrylate-2-hydroxyethyl methacrylate-iso-Bu methacrylate-styrene-3-(trisubstitutedsilyl)propyl methacrylate polymer, reaction products with 3,5-dimethyl-heteromonocycle (3-Isocyanatopropyl)propylsilsesquioxanes polymérisés avec du silicate de tétraéthyle (Si(OCH2CH3)4), à terminaisons alcoxy et hydroxy, polymérisés avec du polymère de prop-2-ènoate de 2-éthylhexyle, de 2-méthylprop-2-ènoate de 2 hydroxyéthyle, de 2-méthylprop-2-ènoate de 2 méthylpropyle, de styrène et de 2-méthylprop-2-ènoate de 3 (silyl trisubstitué)propyle amorcé avec du 2,2′-(diazènediyl)bis[2-méthylbutanenitrile], produits de la réaction avec un 3,5 diméthylhétéromonocycle |
|---|---|
19341-9 N-P |
Dodecanedioic acid, polymer with butyl 2-methyl-2-propenoate, 2-(chloromethyl)oxirane polymer with 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, 1,6-hexanediol, α-hydro-ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, methyl 2-methyl-2-propenoate and 1,2-propanediol mono(2-methyl-2-propenoate), dipentaerythritol pentaacrylate- and polyalkanol polyacrylate-blocked Acide dodécanedioïque polymérisé avec du 2-méthylprop-2-ènoate de butyle, du prop-2-ènoate de (chlorométhyl)oxirane polymérisé avec du 4,4′-(propane-2,2-diyl)bisphénol, de l’hexane-1,6 diol, de l’α-hydro-ω-hydroxypoly[oxy(propane-1,2-diyle)], du 5-isocyanato-1-(isocyanatométhyl)-1,3,3-triméthylcyclohexane, du 2-méthylprop-2-ènoate de méthyle et du monœster d’acide 2-méthylprop-2-ènoïque et de propane-1,2-diol, séquencé avec du pentaester d’acide prop-2-ènoïque et de 2,2,6,6-tétra(hydroxyméthyl)-4-oxaheptane-1,7-diol et un polyester d’acide prop-2-ènoïque et de polyalcanol |
19342-0 N-P |
2-Propenoic acid, 2-methyl-, methyl ester, polymer with butyl 2-propenoate, ethenylbenzene, formaldehyde-phenol polymer glycidyl ether and 2-propenoic acid, ester with 3-alkyloxy-1,2-propanediol, ammonium salts, compds. with triethanolamine 2-Méthylprop-2-ènoate de méthyle polymérisé avec du prop-2-ènoate de butyle, du styrène, de l’oxyde d’oxiranylméthyle et de polymère formaldéhyde-phénol et un ester d’acide prop-2-ènoïque et de 3-alcoxypropane-1,2-diol, sels d’ammonium, composés avec du 2,2′,2″ nitrilotriséthanol |
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 Order.)
Issues
Environment Canada and Health Canada (the Government) assessed information on seven substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List (DSL). Therefore, the Government is adding seven substances to the DSL.
Background
Assessment of substances new to Canada
Substances that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements set out in sections 81 and 83 of the Canadian Environmental Protection Act, 1999 (CEPA), as well as in the New Substances Notification Regulations (Chemicals and Polymers). 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 above-mentioned Regulations, please see section 1 in the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.
Domestic Substances List
The DSL (SOR/94-311) provides an inventory of substances in the Canadian marketplace and was originally published in the Canada Gazette, Part II, in May 1994. The current structure of the DSL was initially established in June 2001 and revised in November 2012. For more details, please refer to the Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, in July 2001, which establishes the structure of the DSL and to the Order 2012-87-09-01 Amending the Domestic Substances List (SOR/2012-229), published in the Canada Gazette, Part II, in November 2012, which amended the DSL. The DSL 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 RN) 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 significant new activity (SNAc) requirements that are identified by their CAS RN;
- 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; and
- Part 8 sets out inanimate biotechnology products and living organisms subject to SNAc requirements that are identified by their masked name and their CAN.
Criteria for addition of substances to the DSL
The DSL is amended, on average, 10 times per year to add, update or delete substances. Chemicals or polymers must be added to the DSL under section 66 of CEPA if, between January 1, 1984, and December 31, 1986, they were manufactured in or imported into Canada by any person (individual or corporation) in a quantity greater than or equal to 100 kg in any one calendar year, or if they were in Canadian commerce or used for commercial manufacturing purposes in Canada.
In addition, new substances must be added to the DSL under subsection 87(1) or 87(5) of CEPA within 120 days after all of the following criteria have been met:
- The Minister of the Environment has been provided with the most comprehensive package of information requirements regarding the substance. The information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers);
- For substances added pursuant to subsection 87(5) of CEPA, the Minister of the Environment and the Minister of Health are satisfied that the substance has already been manufactured in, or imported into Canada in the prescribed quantity or conditions by the person who provided the information;
- The period prescribed for the assessment of the information submitted for the substance under section 83 of CEPA has expired; and
- The substance is not subject to any conditions imposed pursuant to paragraph 84(1)(a) of CEPA on its import or manufacture.
Adding the seven substances to the DSL
The Government assessed information on seven new substances (chemicals and polymers) and determined that they meet the criteria for their addition to the DSL, under subsection 87(5) of CEPA. These seven substances are therefore being added to the DSL and are no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA.
Objectives
The Order 2019-87-04-01 Amending the Domestic Substances List (Order 2019-87-04-01) adds seven substances to the DSL. This amendment to the DSL is expected to facilitate access to the substances that are added to the DSL for businesses by reducing cost and administrative burden, such as notifications and assessment requirements.
Description
Order 2019-87-04-01 is made pursuant to subsection 87(5) of CEPA to add seven substances (chemicals and polymers) to the DSL:
- Four substances identified by their CAS RN are added to Part 1 of the DSL; and
- Three substances identified by their masked name and their CAN are added to Part 3 of the DSL. Masked names are regulated under the Masked Name Regulations and are created to protect confidential business information.
Consultation
As CEPA does not prescribe any public comment period before adding a substance to the DSL, no consultation period for Order 2019-87-04-01 was deemed necessary.
Rationale
The Government assessed information on seven new substances to Canada that were subject to notification and assessment requirements, as set out in sections 81 and 83 of CEPA, as well as in the New Substances Notification Regulations (Chemicals and Polymers). The assessment determined that the seven substances do not pose risks to the environment or to human health. These substances meet the criteria for addition to the DSL and, therefore, are no longer subject to the notification and assessment requirements under sections 81 and 83 of CEPA.
“One-for-One” Rule and small business lens
The “One-for-One” Rule does not apply to Order 2019-87-04-01, as it does not impose any new administrative or compliance costs on businesses. Assessment under the small business lens concluded that the Order will have no impact on small businesses.
Implementation, enforcement and service standards
Developing an implementation plan, a compliance strategy, or establishing a service standard is not required when adding substances to the DSL.
Where a person has questions concerning their obligations to comply with this Order, believes that they may be out of compliance, or would like to request a pre-notification consultation, this person is encouraged to discuss their particular circumstances with the program by contacting 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).
This Order does not constitute an endorsement from the Government of the seven 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 activities involving them.
The Order 2019-87-04-01 is now in force. CEPA is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, as well as the potential harm, intent, and history of compliance.
Contact
Nicole Davidson
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