Vol 133, No. 25 — December 8 1999

Registration
SOR/99-445 17 November, 1999

CANADIAN ENVIRONMENTAL PROTECTION ACT

Order Amending the Domestic Substances List and the Non-domestic Substances List

Whereas, pursuant to section 25 of the Canadian Environmental Protection Act (see footnote a), the Minister of the Environment is satisfied that certain substances were, between January 1, 1984 and December 31, 1986,

(a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or

(b) in Canadian commerce or used for commercial manufacturing purposes in Canada;

Therefore, the Minister of the Environment, pursuant to section 25 of the Canadian Environmental Protection Act (see footnote b), hereby makes the annexed Order Amending the Domestic Substances List and the Non-domestic Substances List.

November 17, 1999

David Anderson
Minister of the Environment

ORDER AMENDING THE DOMESTIC SUBSTANCES LIST AND THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

68541-21-9 82168-32-9

2. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:

68541-21-9 82168-32-9

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.)

Description

The purpose of this publication is to amend the Domestic Substances List (DSL).

Subsection 25(1) of the Canadian Environmental Protection Act (CEPA) requires the Minister of the Environment to compile a list of substances, "to be known as the Domestic Substances List", which specifies "all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada".

The DSL thus defines existing substances for the purposes of the Act, and is the sole basis for determining whether a substance is "existing" or "new" to Canada. Substances on the DSL are not subject to the requirements of the Regulations Respecting Notification of Substances New to Canada (New Substances Notification Regulations) implemented under section 32 of the CEPA. Substances that are not on the DSL will require notification and assessment, as prescribed by these Regulations, before they can be manufactured in or imported into Canada.

The DSL was published in the Canada Gazette, Part II in May 1994. However, the DSL is not a static list and is subject, from time to time, to additions, deletions and/or corrections that are published in the Canada Gazette as amendments of the List.

Subsection 30(1) of CEPA requires the Minister to add a substance to the DSL where (a) the Minister has been provided with information specified in the New Substances Notification Regulations and any additional information or test result required under subsection 29(1); (b) the substance was manufactured or imported in excess of the volumes prescribed in the New Substances Notification Regulations; and (c) no condition specified under paragraph 29(1)(a) in respect of the substance remains in effect.

Alternatives

No alternatives to amending the DSL were considered.

Benefits and Costs

Benefits

This amendment to the Domestic Substances List will benefit the public, industry and governments by identifying additional substances that have been defined as "existing" under CEPA, and that are therefore exempt from all assessment and reporting requirements under the New Substances Notification Regulations.

Costs

There will be no incremental costs to the public, industry or governments associated with this amendment of the Domestic Substances List.

Competitiveness

All nominated substances are added to the DSL if they have been determined to be consistent with the eligibility criteria specified in the CEPA. Thus no manufacturer or importer is disadvantaged by this amendment of the Domestic Substances List.

Consultation

As the content of the notices associated with this amendment do not contain any information that would be subject to comment or objection by the general public, no consultation was required.

Compliance and Enforcement

The Domestic Substances List (DSL) identifies substances which, for the purposes of the CEPA, are not subject to the requirements of the New Substances Notification Regulations. There are no compliance or enforcement requirements associated with the List itself.

Contacts

Martin Sirois
A/Head New Substances Notification Section
New Substances Division
Commercial Chemicals Evaluation Branch
Department of the Environment
Hull, Quebec
K1A 0H3
Tel.: (819) 997-3203

Peter Sol
A/Director Regulatory and Economic Assessment
Regulatory Affairs and Program Integration Directorate
Department of the Environment
Hull, Quebec
K1A 0H3
Tel.: (819) 953-1172

Footnote a

R.S., c. 16 (4^th Supp.)

Footnote b

R.S., c. 16 (4^th Supp.)

Footnote 1

SOR/94-311

Footnote 2

Supplement Canada Gazette, Part I

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).