Vol. 146, No. 24 — November 21, 2012

Registration

SOR/2012-228 November 1, 2012

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2012-66-09-01 Amending the Domestic Substances List

Whereas the Minister of the Environment is satisfied that the substances referred to in the annexed Order were, between January 1, 1984 and December 31, 1986, imported into Canada by a person in a quantity of not less than 100 kg in any one calendar year, meeting the requirement set out in paragraph 66(1)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a);

Therefore, the Minister of the Environment, pursuant to subsections 66(3) and (4) of the Canadian Environmental Protection Act, 1999 (see footnote b), makes the annexed Order 2012-66-09-01 Amending the Domestic Substances List.

Gatineau, October 31, 2012

PETER KENT
Minister of the Environment

ORDER 2012-66-09-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. (1) Part 1 of the Domestic Substances List (see footnote 1) is amended by deleting the following:

56960-85-1 N

(2) Part 1 of the List is amended by adding the following in numerical order:

67-20-9 N
37242-45-8 N

COMING INTO FORCE

2. 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.)

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

Twenty-eight 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.

The DSL also needs to be modified to more accurately identify two substances.

3. Objectives

The objectives of the Order 2012-87-09-01 Amending the Domestic Substances List and the Order 2012-66-09-01 Amending the Domestic Substances List (hereafter referred to as “the orders”) are to remove the unnecessary reporting burden associated with the import or manufacture of these 28 substances, to make the DSL more accurate and to comply with the requirements of CEPA 1999.

4. Description

The orders add 28 substances to the DSL and modify the description of two substance identifiers in Part 1 of the DSL. To protect confidential business information, 21 of the 28 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 2012-87-09-02 and Order 2012-66-09-02 would delete seven substances that are being added to the DSL from the NDSL.

Additions to the Domestic Substances List

The orders add 28 substances to the DSL. Substances must be added to the DSL under section 66 of CEPA if they were, between January 1, 1984, and December 31, 1986, manufactured or imported by any person in a quantity greater than 100 kg in any one calendar year or if they were in Canadian commerce, or used for commercial manufacturing purposes in Canada. 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 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, CEPA 1999 permits the Minister of the Environment to indicate on the DSL that significant new activities provisions apply to the substance.

Modifications to the Domestic Substances List

The orders modify the description of two substance identifiers in Part 1 of the DSL to make the information reflected by these identifiers more accurate.

Publication of masked names

The orders mask the chemical names for 21 of the 28 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 DSL must file a Notice of Bona Fide Intent to Manufacture or Import with the New Substances Program.

5. 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.

6. Rationale

Twenty-eight “new” substances have met the necessary conditions to be placed on the DSL. The orders add these 28 substances to the DSL, and exempt them from further reporting requirements under section 81 of CEPA 1999. In addition, the description of two substance identifiers on the DSL has been modified to more accurately identify two substances.

CEPA 1999 sets out a process for updating the DSL in accordance with strict timelines. Since the 28 substances covered by the orders 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 orders will benefit the public and governments by identifying additional substances that are in commerce in Canada. Also, they will benefit the industry by exempting these substances from assessment and reporting requirements under subsection 81(1) of CEPA 1999. Furthermore, the orders will improve the accuracy of the DSL by making necessary modifications to the information for two substances. There will be no incremental costs to the public, industry or governments associated with the orders.

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 orders only add substances to the DSL, developing an implementation plan or a compliance strategy or establishing a service standard is not required.

8. Contact

Greg Carreau
Acting 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
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.