Order 2026-87-22-01 Amending the Domestic Substances List: SOR/2026-208
Canada Gazette, Part II, Volume 160, Number 21
Registration
SOR/2026-208 October 9, 2026
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
The Minister of the Environment makes the annexed Order 2026-87-22-01 Amending the Domestic Substances List under subsection 87(3)footnote a of the Canadian Environmental Protection Act, 1999footnote b.
Ottawa, October 5, 2026
Julie Dabrusin
Minister of the Environment
Order 2026-87-22-01 Amending the Domestic Substances List
Amendments
1 Part 1 of the Domestic Substances Listfootnote 1 is amended by deleting the following:
137-26-8
| Column 1 Substance |
Column 2 Significant New Activities, Information to be Provided, Period for Assessment and Classes of Persons |
|---|---|
| 137-26-8 S’ |
|
Coming into Force
3 This Order comes into force on the 180th day after the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The Chemicals Management Plan (CMP) is a Government of Canada initiative through which the risks of exposure of people in Canada and the environment to substancesfootnote 2 are assessed and managed. As part of the CMP, in January 2021, the Minister of the Environment (the Minister) and the Minister of Health published an assessment on the Thiocarbamates Group, which assessed thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl- (Chemical Abstracts Service Registry Number [CAS RN]footnote 3 137-26-8), also known as TMTD, along with one other substance on the Canada.ca (Chemical Substances) website.
The assessment concluded that TMTD meets the environmental criteria for a toxic substance as set out in paragraph 64(a) of the Canadian Environmental Protection Act, 1999 (the Act). At the time of the assessment, it was determined that the substance has properties of concern that could pose a risk if exposure levels to TMTD were to increase from its use in a significant new activity (SNAc) in Canada. Therefore, in accordance with subsection 87(3) of the Act, the Minister is issuing the Order 2026-87-22-01 Amending the Domestic Substances List (DSL) [the Order] to apply the SNAc provisions of the Act to TMTD.
Background
TMTD does not occur naturally in the environment and is primarily used as a process regulator for manufacturing solid rubber products in Canada. It is used as a component in automotive parts, in sealants and adhesives, and in the manufacture of a limited number of food packaging materials. In Canada, the main releases of TMTD to the environment occur via wastewater discharges from wastewater treatment systems associated with solid rubber products manufacturing facilities. TMTD is expected to degrade rapidly in the environment and is highly toxic to aquatic organisms. More information on TMTD (including a summary of human and ecological exposures, health and ecological effects, risk assessment outcomes and assessment conclusions) is available in the Thiocarbamates Group information sheet.
Objective
The objective of the Order is to contribute to the protection of the environment by triggering the requirement to provide additional information for assessment on SNAcs involving TMTD. If risks are identified, the Minister may implement risk management measures to mitigate them, which would reduce the risks associated with increased exposure of the environment.
Description
Pursuant to subsection 87(3) of the Act, the Order applies the SNAc provisions under subsection 81(3) of the Act to TMTD. For a description of the SNAcs associated with this substance, please refer to the regulatory text in the Order.
The Order does not impose any regulatory requirements on existing activities involving the substance in Canada, which have been determined to present no or limited risk, or are adequately managed.
The SNAc provisions of the Act target potential SNAcs involving a substance that could result in a new or increased exposure to that substance in Canada. A SNAc is an activity that results in or may result in the entry or release of the substance into the environment in a greater quantity or concentration than before, or in different circumstances, than those in which the substance previously entered or was released into the environment.footnote 4
Any person (individual or corporation) who proposes to engage in a SNAc in relation to a substance subject to the SNAc provisions of the Act is required to submit a Significant New Activity Notification (SNAN) to the Minister. The SNAN must contain all the information prescribed in an order and must be submitted in the prescribed period before the day on which the SNAc begins. The prescribed information to complete a SNAN is specific to each substance and is specified in the Order.footnote 13
Regulatory development
Consultation
On July 23, 2022, the Minister published a Notice of Intent (NOI) to apply the SNAc provisions of the Act to TMTD in the Canada Gazette, Part I, for a 60-day public comment period. No comments were received during this period.
The Department of Health and the Department of the Environment (the departments) also informed the provincial and territorial governments about the Order through the Act’s National Advisory Committee (NAC)footnote 5 via a letter and provided them with an opportunity to comment. No comments were received from the Committee.
Indigenous engagement, consultation and modern treaty obligations
The Government of Canada has a duty to consult and, where appropriate, accommodate Indigenous groups when it is contemplating conduct that could have an adverse impact on Aboriginal or treaty rights. The duty to consult can arise in relation to established historical or modern treaty rights, and in relation to rights not yet determined, often referred to as asserted or potential rights. The United Nations Declaration on the Rights of Indigenous Peoples Act states that the Government of Canada is committed to taking effective measures, including legislative and policy measures, in consultation and cooperation with Indigenous Peoples, to achieve the objectives of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Orders amending the DSL to apply the SNAc provisions of the Act to certain substances do not result in any incremental impacts (benefits and costs), and therefore, do not result in any impact on modern treaty rights or obligations. Therefore, specific engagement and consultation with Indigenous Peoples were not undertaken.
Instrument choice
The risk management actions evolved from those considered in the risk management approach to include the development of multi-pollutant release guidelines to manage toxic substances in the rubber product manufacturing sector. These release guidelines, named Release Guidelines for Chemicals Used in the Rubber Product Manufacturing Sector, were published in the Canada Gazette, Part I, and came into effect in Canada on April 4, 2026. These guidelines incorporate the Code of Practice for the Environmentally Sound Management of Chemical Substances in the Chemicals, Plastics and Rubber Sectors, which includes recommended best management practices that are applicable to sectors’ use of the substances of concern.
The risk management approach also considered applying the SNAc provisions of the Act to TMTD as a complementary instrument to the proposed guidelines. The Minister may apply the SNAc provisions of the Act to a substance to request information to assess the potential for environmental and human health risks before the substance is used in a SNAc. The SNAc provisions of the Act are considered for use where there is reasonable suspicion that certain new activities with respect to a substance may result in new or increased risks to the environment or human health. That suspicion could be based on factors such as the specific properties of that substance, the function of that substance and the presence of that substance in markets in other jurisdictions.footnote 6 The assessment informed the determination that applying the SNAc provisions of the Act to this substance is the most appropriate instrument to mitigate the risks of increased exposure of people in Canada and the environment to the substance in the event of use in a SNAc in Canada.
Regulatory analysis
Benefits and costs
Orders amending the DSL to apply the SNAc provisions of the Act may contribute to the protection of human health or the environment by allowing the assessment of potential SNAcs, which could lead to the implementation of risk management instruments. These orders usually do not apply to current activities identified at the time of the analysis involving those substances, as they are not considered to pose an environmental or human health risk, or their risk is adequately managed. Persons that are currently using or importing at or below the thresholds specified in these orders will not incur any cost.
These orders apply to the potential use of those substances in a SNAc that could result in a new or increased exposure to those substances. While there is no notification fee associated with submitting a SNAN to the Minister in response to the Order, the notifier may incur costs associated with generating data, supplying the required information, and with potential lost business opportunities due to the assessment period of the SNAN. Similarly, in the event that a SNAN is received, the departments would incur costs for processing the information and conducting assessments of the substance relating to the proposed SNAc. The departments would incur negligible costs for conducting compliance promotion and enforcement activities associated with the Order.
Due to a lack of information regarding hypothetical future uses, the potential benefits and costs of the Order cannot be estimated. Based on program data collected in the last 10 years, a very small number of SNANs have been submitted to the Minister across a large number of orders. Therefore, probabilistically, the potential incremental benefits and costs of any individual order are unlikely to be significant. Historically speaking, they are quite likely to be near zero. The Order is precautionary in the event that a SNAc involving TMTD is undertaken.
Small business lens
Since orders amending the DSL to apply the SNAc provisions of the Act to certain substances do not result in incremental impacts (benefits and costs), they do not have impacts on small businesses and the small business lens was not applied.footnote 7
One-for-one rule
Since orders amending the DSL to apply the SNAc provisions of the Act to certain substances do not result in incremental impacts (benefits and costs), they do not impose a new administrative burden on businesses and the one-for-one rule does not apply.footnote 8
Regulatory cooperation and alignment
Canada cooperates with other international organizations and regulatory agencies for the management of chemicals (for example the United States Environmental Protection Agency, the European Chemicals Agency, and the Organisation for Economic Co-operation and Development) and is party to several international multilateral environmental agreements in the area of chemicals and waste.footnote 9 The CMP is administered in cooperation and alignment with these agreements.
International obligations
The Order is not subject to any obligations under Canada’s international trade agreements.
Effects on the environment
In accordance with the Cabinet Directive on the Strategic Environmental and Economic Assessment (SEEA), a SEEA is required for proposals that are expected to have important effects (positive or negative, direct or indirect) on the environment and the economy. Since orders amending the DSL to apply the SNAc provisions of the Act to certain substances do not result in incremental impacts (benefits and costs), a SEEA is not required.
Right to a healthy environment
The Government of Canada has a duty, in the administration of the Act, to protect the right to a healthy environment as provided under the Act, subject to reasonable limits. An implementation framework published in accordance with subsection 5.1(1) of the Act sets out considerations to protect this right and uphold the principles described in the framework.
This Order contributes to an environment that is protected from harmful substances, pollutants, and waste, and where actions taken under the Act contribute to clean and healthy air, clean and healthy water, and healthy ecosystems and biodiversity. Work to inform this Order began before the implementation framework was published on July 19, 2025; however, elements of the framework were considered as part of the risk assessment and informed the development of this Order. For example, the best available information on environmental and scientific factors was relied upon in making the decisions outlined in this Order. This Order will support protection of the environment from substances of potential concern by allowing further assessment of this substance if it is notified for use in a SNAc in Canada. Public comment periods following the publication of the draft screening assessment of the Thiocarbamates Group and the NOI provided opportunities for public participation in the decision-making process.
Gender-based analysis plus
Since orders amending the DSL to apply the SNAc provisions of the Act to certain substances do not result in incremental impacts (benefits and costs), the gender-based analysis plus (GBA+) does not apply.footnote 10
Implementation, compliance and enforcement, and service standards
Implementation
The Order comes into force on the 180th day after the day on which it is registered. Compliance promotion activities conducted as part of the implementation of this Order will include developing and distributing promotional material, responding to inquiries from stakeholders and undertaking activities to raise industry stakeholders’ awareness of the requirements in this Order in the event a substance subject to the SNAc provisions of the Act is used in a SNAc in Canada.
Compliance and enforcement
When assessing whether the use of a substance subject to the SNAc provisions of the Act may be considered a SNAc, 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.footnote 11
Where a person involved in activities with a substance obtains information that reasonably supports the conclusion that that substance is toxic or is capable of becoming toxic, the person is obligated, under section 70 of the Act, to provide that information to the Minister without delay.
Under subsection 87.1(1) of the Act, any person who transfers physical possession or control of a substance subject to the SNAc provisions of the Act to another person shall notify that person of their obligation to comply with those provisions, including the obligation to notify the Minister of any SNAc and to provide all the required prescribed information specified in the Order.
In cases where a person receives physical possession or control of a substance subject to the SNAc provisions of the Act from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN submitted by the supplier on behalf of its clients.
A pre-notification consultation (PDF) (PNC) is available for notifiers and they are encouraged to contact the Substances Management Information Line.footnote 12
Orders amending the DSL to apply the SNAc provisions of the Act to certain substances are enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act. In instances of non-compliance, consideration is given to the following factors when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with the Act and its regulations and consistency in enforcement. Suspected violations under the Act can be reported to the Enforcement Branch by email at enviroinfo@ec.gc.ca.
Service standards
In the event that a SNAN is submitted to the Minister in relation to TMTD, the information received will be assessed within the prescribed timelines set out in the Order.
Contacts
Pascal Roberge
Director
Regulatory Operations and Emerging Science 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)
Email: substances@ec.gc.ca
Pooja Arora
Acting Director
Chemicals Management Division
Department of the Environment
Gatineau, Quebec
K1A 0H3
Email: pooja.arora@ec.gc.ca
Andrew Beck
Director
Risk Management Bureau
Department of Health
Ottawa, Ontario
K1A 0K9
Telephone: 613‑266‑3591
Email: andrew.beck@hc-sc.gc.ca