Order 2026-66-12-01 Amending the Domestic Substances List: SOR/2026-211

Canada Gazette, Part II, Volume 160, Number 22

Registration
SOR/2026-211 October 13, 2026

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

The Minister of the Environment makes the annexed Order 2026-66-12-01 Amending the Domestic Substances List under subsection 66(1)^{footnote a} of the Canadian Environmental Protection Act, 1999^{footnote b}.

Ottawa, October 8, 2026

Julie Dabrusin
Minister of the Environment

Order 2026-66-12-01 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:

• 93964-99-9
  97808-07-6

2 Part 3 of the List is amended by deleting the following:

11105-8	Phosphorothioic acid, dialkyl ester, alkylamine salt

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 orders.)

Issues

The Minister of the Environment and the Minister of Health (the ministers) assessed information on nine substances (eight chemicals and polymers and one living organism) and determined that they meet the criteria for addition to the Domestic Substances List, as set out in the Canadian Environmental Protection Act, 1999 (the Act). Therefore, under the authority of sections 87 and 112 of the Act, the Minister of the Environment (the Minister) is adding these nine substances to the Domestic Substances List.

Also, after communicating with the persons responsible for the requests for confidentiality and obtaining their written consent, the Minister is disclosing the explicit chemical identity of one substance by moving it from Part 3 to Part 1 of the Domestic Substances List under the authority of section 66 of the Act.

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 the Act, as well as in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). The Act and these regulations ensure that new substances introduced to the Canadian marketplace 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 these regulations, please see section 1 in the Guidance document for the New Substances Notification Regulations (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 provides an inventory of substances in the Canadian marketplace. It was originally published in the Canada Gazette, Part II, in 1994 and is amended, on average, 12 times per year to add, update or delete substances.

The Domestic Substances List includes eight parts, in which substances are divided based on

• substance type — chemicals, polymers, inanimate products of biotechnology, or living organisms;
• confidentiality — whether the substance identity is confidential; and
• whether the significant new activity provisions of the Act apply to the substance.

Adding substances to the Domestic Substances List

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

• the Minister has been provided with the regulatory information regarding the substance. The information to be provided is set out in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms);
• the period prescribed under section 83 or 108 of the Act for the assessment of the information submitted for the substance has expired;
• the substance is not subject to any conditions imposed under paragraph 84(1)(a) or 109(1)(a) of the Act on its import or manufacture; and
  • for additions under subsection 87(1), the Ministers are satisfied that the substance has already been manufactured in, or imported into Canada in excess of the prescribed quantity by the person who provided the information; or
  • for additions under subsection 112(1), the Ministers are satisfied that the substance has already been manufactured in, or imported into Canada by the person who provided the information.

Adding nine substances to the Domestic Substances List

The Ministers assessed information on nine substances new to Canada (eight chemicals and polymers and one living organism) and determined that they meet the criteria for addition to the Domestic Substances List, under subsection 87(1), 87(5) or 112(1) of the Act. These nine 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), nor to the New Substances Notification Regulations (Organisms).

Disclosing the identity of one substance

The Minister contacted persons responsible for confidentiality requests concerning substance identity that were made prior to the year 2004. In response, written consent to disclose the information was provided for one substance. Therefore, the Minister is updating the identifier of this substance on the Domestic Substances List under subsection 66(1) of the Act. This substance is now identified by its Chemical Abstracts Service (CAS) Registry Numbers^{footnote 2} on the Domestic Substances List.

Objective

The objective of Order 2026-66-12-01 Amending the Domestic Substances List (Order 2026-66-12-01) is to move one substance from Part 3 of the Domestic Substances List to Part 1. Order 2026-66-12-01 will increase transparency for this substance.

The objective of Order 2026-87-12-01 Amending the Domestic Substances List (Order 2026-87-12-01) is to add eight chemicals and polymers to the Domestic Substances List.

The objective of Order 2026-112-12-01 Amending the Domestic Substances List (Order 2026-87-12-01) is to add one living organism to the Domestic Substances List.

Order 2026-66-12-01, Order 2026-87-12-01 and Order 2026-112-12-01 (the orders) are expected to facilitate access to 10 substances for businesses, as the substances are no longer masked or no longer subject to requirements under subsection 81(1) or 106(1) of the Act.

Description

Order 2026-66-12-01 is made under subsection 66(1) of the Act to update one substance on the Domestic Substances List:

• two substances identified by their CAS Registry Numbers are added to Part 1 of the Domestic Substances List; and the corresponding masked name^{footnote 3} and its confidential accession number^{footnote 4} (CAN) are deleted from Part 3 of the Domestic Substances List;

Order 2026-87-12-01 is made under subsection 87(1) and 87(5) of the Act to add nine chemicals and polymers to the Domestic Substances List:

• five substances identified by their CAS Registry Number are added to Part 1 of the Domestic Substances List; and
• three substances identified by their masked name and their CANs are added to Part 3 of the Domestic Substances List.

Order 2026-112-12-01 is made pursuant to subsection 112(1) of the Act to add one living organism to the Domestic Substances List:

• one living organism identified by its specific name is added to Part 5 of the Domestic Substances List.

Regulatory development

Consultation

As the Act does not prescribe any public comment period before adding a substance to the Domestic Substances List, no consultation period for Order 2026-87-12-01 and Order 2026-112-12-01 was deemed necessary.

Disclosing the identity of one substance in Order 2026-66-12-01 was done after obtaining written consent from the persons responsible for the request for confidentiality and, therefore, no consultation period was deemed necessary.

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. Orders amending the Domestic Substances List do not result in any incremental impacts (benefits and costs) and, therefore, do not result in any impact on modern treaty rights or obligations. As a result, specific engagement and consultations with Indigenous Peoples were not undertaken.

Instrument choice

Under the Act, the Minister is required to add a substance to the Domestic Substances List when it is determined to meet the criteria for addition. Orders amending the Domestic Substances List are the only regulatory instruments that allow the Minister to comply with these obligations.

Regulatory analysis

Benefits and costs

Adding substances and updating their identifiers on the Domestic Substances List is administrative in nature. The orders do not impose any regulatory requirements on businesses and, therefore, do not result in any incremental compliance costs for stakeholders or enforcement costs for the Government of Canada. Adding substances to the Domestic Substances List is a statutory obligation under sections 66, 87 and 112 of the Act that is triggered once a substance meets the criteria for addition.

Small business lens

As described in the “Benefits and costs” subsection, the orders will not result in any incremental impacts. Therefore, the orders will not impact Canadian small businesses.

One-for-one rule

Since the orders do not impose any regulatory requirements (see the “Benefits and costs” subsection), they do not impose new administrative burden on businesses, and the one-for-one rule does not apply.

Regulatory cooperation and alignment, and international obligations

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

Effects on the environment

In accordance with the Cabinet Directive on 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 economy. Since orders amending the Domestic Substances List to add or update the identifiers of 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 for under the Act, subject to reasonable limits. An implementation framework sets out considerations to protect this right and uphold the principles described in the framework.

Many of the elements included in the framework were considered to inform the orders. In line with the framework, an initial screening and review of the best available science submitted for new substances under the regulations prior to their importation or manufacture into Canada was conducted to determine whether these substances may pose a risk to the environment and human health. Furthermore, the addition of substances to the Domestic Substances List aligns with the framework’s non-regression principle, as this is not expected to lead to a decrease in environmental and/or human health protection, since the assessment of the substances concluded they are not suspected of being toxic or capable of becoming toxic.

Other relevant factors that were considered include the statutory framework and regulatory timelines for assessing new substances.

Gender-based analysis plus

No gender-based analysis plus^{footnote 5} (GBA+) impacts have been identified for the orders.

Implementation, compliance and enforcement, and service standards

Implementation

The orders are now in force. Developing an implementation plan is not required when adding substances to the Domestic Substances List. The orders do not constitute an endorsement from the Government of Canada of the substances to which they relate, 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 and enforcement

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 pre-notification consultation, they are encouraged to contact the Substances Management Information Line by email at substances@ec.gc.ca, by phone at 1‑800‑567‑1999 (toll-free in Canada), or at 819‑938‑3232 (outside of Canada).

The orders are made under the authority of the Act, which is enforced in accordance with the Canadian Environmental Protection Act: compliance and enforcement policy. In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, effectiveness in achieving compliance with the Act 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 enviroinfo@ec.gc.ca.

Contact

Pascal Roberge
Director
Regulatory Operations and Emerging Sciences 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