Canada Gazette, Part I, Volume 153, Number 30: GOVERNMENT NOTICES

July 27, 2019

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999

Whereas the 110 substances set out in this Notice are specified on the Domestic Substances List; footnote 1

Whereas the Minister of the Environment previously published Orders in the Canada Gazette, Part II, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, footnote 2 amending the Domestic Substances List to indicate that subsection 81(3) of that Act applies to the substances; footnote 3, footnote 4, footnote 5, footnote 6, footnote 7, footnote 8, footnote 9, footnote 10, footnote 11

Whereas the Minister of the Environment and the Minister of Health (the ministers) suspect that the information concerning a significant new activity in relation to 105 of the substances set out in this Notice may contribute to determining the circumstances in which these substances are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

And whereas the ministers no longer suspect that the information concerning a significant new activity in relation to the remaining five substances may contribute to determining the circumstances in which these substances are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, by varying or rescinding the requirements under the significant new activity provisions in relation to those substances set out in this Notice.

Public comment period

Any person may, within 60 days of publication of this Notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this Notice and can be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window, by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.

The final screening assessments for these substances may be obtained from the Canada.ca (Chemical Substances) website.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this Notice may submit with the information a request that it be treated as confidential.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

1 Part 1 of the Domestic Substances List is proposed to be amended by adding the following in numerical order:

2 (1) Part 2 of the List is proposed to be amended by deleting substance “68443-10-7 S′” in Column 1 and the significant new activity in Column 2 opposite the reference to that substance.

(2) Part 2 of the List is proposed to be amended by deleting substance “68583-58-4 S′” in Column 1 and the significant new activity in Column 2 opposite the reference to that substance.

(3) The note to Group A in Part 2 of the List is proposed to be amended by deleting the following in numerical order from Group A:

(4) Part 2 of the List is proposed to be amended by adding the following in numerical order:

Column 1

Substance       

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

  • 58-38-8 S′
  • 76-60-8 S′
  • 77-52-1 S′
  • 93-46-9 S′
  • 603-48-5 S′
  • 608-71-9 S′
  • 1000-05-1 S′
  • 1325-85-5 S′
  • 1326-49-4 S′
  • 2379-75-1 S′
  • 2538-84-3 S′
  • 2746-81-8 S′
  • 3271-22-5 S′
  • 6257-39-2 S′
  • 6371-23-9 S′
  • 6373-31-5 S′
  • 6408-50-0 S′
  • 6409-68-3 S′
  • 6417-38-5 S′
  • 15958-61-9 S′
  • 16834-13-2 S′
  • 19163-98-5 S′
  • 25857-05-0 S′
  • 28118-10-7 S′
  • 42479-88-9 S′
  • 52671-38-2 S′
  • 53184-75-1 S′
  • 54079-60-6 S′
  • 54243-60-6 S′
  • 56307-70-1 S′
  • 58019-27-5 S′
  • 59583-77-6 S′
  • 63281-10-7 S′
  • 63467-19-6 S′
  • 64086-95-9 S′
  • 64086-96-0 S′
  • 68910-11-2 S′
  • 69898-66-4 S′
  • 69898-67-5 S′
  • 72102-56-8 S′
  • 72102-64-8 S′
  • 72318-87-7 S′
  • 72749-91-8 S′
  • 75908-83-7 S′
  • 83721-47-5 S′
  • 83721-48-6 S′
  • 85186-47-6 S′
  • 86551-61-3 S′
  • 90268-98-7 S′
  • 91696-90-1 S′
  • 93384-84-0 S′
  • 94248-26-7 S′
  • 104376-69-4 S′
  • 108004-27-9 S′
  • 113163-36-3 S′
  • 117310-64-2 S′
  • 223777-68-2 S′
  • 1. In relation to any substance in Column 1, opposite to this section, any activity involving, in a calendar year, the use of more than 1 000 kg of the substance.
  • 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 1 000 kg in any one calendar year:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 4 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2 to 4 and paragraphs 8(a) to (e) and 8(h) of Schedule 5 to those Regulations;
    • (e) the information specified in items 2 and 11 of Schedule 6 to those Regulations;
    • (f) the test data and test report, in respect of the substance, obtained from two of the following tests conducted in accordance with the methodology described in the guidelines that is current at the time the test data are developed:
      • (i) Organisation for Economic Co-operation and Development (OECD) Guidelines for the testing of chemicals, Test No. 203: Fish, Acute Toxicity Test,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 202: Daphnia sp. Acute Immobilisation Test, or
      • (iii) OECD Guidelines for the testing of chemicals, Test No. 201: Freshwater Alga and Cyanobacteria, Growth Inhibition Test;
    • (g) the test data and test report, in respect of the substance, obtained from a benthic test conducted in accordance with the methodology described in one of the following guidelines that is current at the time the test data are developed:
      • (i) OECD Guidelines for the testing of chemicals, Test No. 218: Sediment-Water Chironomid Toxicity Using Spiked Sediment,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 225: Sediment-Water Lumbriculus Toxicity Test Using Spiked Sediment, or
      • (iii) Environment Canada Biological Test Method EPS 1/RM/32 entitled Biological Test Method: Test for Survival and Growth in Sediment Using the Larvae of Freshwater Midges (Chironomus tentans or Chironomus riparius);
    • (h) the test data and the test reports referred to in paragraphs (f) and (g) must be developed in accordance with the practices described in the OECD Principles of Good Laboratory Practice (Principles of GLP) set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD, using the Principles of GLP that are current at the time the test is conducted;
    • (i) a summary of all other information or test data in respect of the substance that is in the possession of the person proposing the significant new activity, or to which they have access, and that is relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) the identification of every other government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the agency’s file number and, if any, the outcome of the assessment and the risk management actions in relation to the substance imposed by the agency;
    • (k) the name, civic and postal address, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not a resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (l) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are a resident in Canada or, if not, by the person authorized to act on their behalf.
  • 3. The above information will be assessed within 90 days after the day on which it is received by the Minister.
  • 87-10-5 S′
  • 96-66-2 S′
  • 132-61-6 S′
  • 133-49-3 S′
  • 145-39-1 S′
  • 440-17-5 S′
  • 2062-78-4 S′
  • 3687-67-0 S′
  • 3767-68-8 S′
  • 23077-61-4 S′
  • 24169-02-6 S′
  • 27341-33-9 S′
  • 36294-24-3 S′
  • 52591-25-0 S′
  • 63467-15-2 S′
  • 67219-55-0 S′
  • 68227-79-2 S′
  • 68938-51-2 S′
  • 69695-75-6 S′
  • 72812-39-6 S′
  • 72828-93-4 S′
  • 73398-86-4 S′
  • 73398-87-5 S′
  • 83968-86-9 S′
  • 85702-64-3 S′
  • 103331-97-1 S′
  • 103331-98-2 S′
  • 1. In relation to any substance in Column 1, opposite to this section, any activity involving, in a calendar year, the use of more than 10 000 kg of the substance.
  • 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 10 000 kg in any one calendar year:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 4 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2 to 4 and paragraph 8(a) to (e) and 8(h) of Schedule 5 to those Regulations;
    • (e) the information specified in items 2 and 11 of Schedule 6 to those Regulations;
    • (f) the test data and test report, in respect of the substance, obtained from two of the following tests conducted in accordance with the methodology described in the guidelines that is current at the time the test data are developed:
      • (i) Organisation for Economic Co-operation and Development (OECD) Guidelines for the testing of chemicals, Test No. 203: Fish, Acute Toxicity Test,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 202: Daphnia sp. Acute Immobilisation Test, or
      • (iii) OECD Guidelines for the testing of chemicals, Test No. 201: Freshwater Alga and Cyanobacteria, Growth Inhibition Test;
    • (g) the test data and test report, in respect of the substance, obtained from a benthic test conducted in accordance with the methodology described in one of the following guidelines that is current at the time the test data are developed:
      • (i) OECD Guidelines for the testing of chemicals, Test No. 218: Sediment-Water Chironomid Toxicity Using Spiked Sediment,
      • (ii) OECD Guideline for the testing of chemicals, Test No. 225: Sediment-Water Lumbriculus Toxicity Test Using Spiked Sediment, or
      • (iii) Environment Canada Biological Test Method EPS 1/RM/32 entitled Biological Test Method: Test for Survival and Growth in Sediment Using the Larvae of Freshwater Midges (Chironomus tentans or Chironomus riparius);
    • (h) the test data and the test reports referred to in paragraphs (f) and (g) must be developed in accordance with the practices described in the OECD Principles of Good Laboratory Practice (Principles of GLP) set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD, using the Principles of GLP that are current at the time the test is conducted;
    • (i) a summary of all other information or test data in respect of the substance that is in the possession of the person proposing the significant new activity, or to which they have access, and that is relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) the identification of every other government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the agency’s file number and, if any, the outcome of the assessment and the risk management actions in relation to the substance imposed by the agency;
    • (k) the name, civic and postal address, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not a resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (l) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are a resident in Canada or, if not, by the person authorized to act on their behalf.
  • 3. The above information will be assessed within 90 days after the day on which it is received by the Minister.

(5) Column 2 of Part 2 of the List, opposite the reference to the substances “116-66-5 S′”, “475-71-8 S′”, “603-33-8 S′”, “626-39-1 S′”, “944-61-6 S′”, “1154-59-2 S′”, “1176-74-5 S′”, “1325-86-6 S′”, “1326-05-2 S′”, “4395-65-7 S′”, “14295-43-3 S′”, “40615-36-9 S′”, “58161-93-6 S′”, “60352-98-9 S′”, “64111-81-5 S′”, “64325-78-6 S′”, “70161-19-2 S′”, “70776-86-2 S′”, “83006-67-1 S′”, “101200-53-7 S′” and “125328-28-1 S′” in Column 1, is proposed to be replaced by the following:

Column 1 

Substance       

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

  • 116-66-5 S′
  • 475-71-8 S′
  • 603-33-8 S′
  • 944-61-6 S′
  • 1176-74-5 S′
  • 1325-86-6 S′
  • 1326-05-2 S′
  • 4395-65-7 S′
  • 14295-43-3 S′
  • 40615-36-9 S′
  • 58161-93-6 S′
  • 64111-81-5 S′
  • 70161-19-2 S′
  • 70776-86-2 S′
  • 83006-67-1 S′
  • 1. In relation to any substance in Column 1, opposite to this section, any activity involving, in a calendar year, the use of more than 1 000 kg of the substance.
  • 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 1 000 kg in any one calendar year:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 4 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2 to 4 and paragraphs 8(a) to (e) and 8(h) of Schedule 5 to those Regulations;
    • (e) the information specified in items 2 and 11 of Schedule 6 to those Regulations;
    • (f) the test data and test report, in respect of the substance, obtained from two of the following tests conducted in accordance with the methodology described in the guidelines that is current at the time the test data are developed:
      • (i) Organisation for Economic Co-operation and Development (OECD) Guidelines for the testing of chemicals, Test No. 203: Fish, Acute Toxicity Test,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 202: Daphnia sp. Acute Immobilisation Test, and
      • (iii) OECD Guidelines for the testing of chemicals, Test No. 201: Freshwater Alga and Cyanobacteria, Growth Inhibition Test;
    • (g) the test data and test report, in respect of the substance, obtained from a benthic test conducted in accordance with the methodology described in one of the following guidelines that is current at the time the test data are developed:
      • (i) OECD Guidelines for the testing of chemicals, Test No. 218: Sediment-Water Chironomid Toxicity Using Spiked Sediment,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 225: Sediment-Water Lumbriculus Toxicity Test Using Spiked Sediment, or
      • (iii) Environment Canada Biological Test Method EPS1/RM/32 entitled Biological Test Method: Test for Survival and Growth in Sediment Using Larvae of Freshwater Midges (Chironomus tentans or Chironomus riparius);
    • (h) the test data and the test reports referred to in paragraphs (f) and (g) must be developed in accordance with the practices described in the OECD Principles on Good Laboratory Practice (Principles of GLP) set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD, using the Principles of GLP that are current at the time the test is conducted;
    • (i) a summary of all other information or test data in respect of the substance that are in possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) the identification of every other government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the agency’s file number and, if any, the outcome of the assessment and the risk management actions in relation to the substance imposed by the agency;
    • (k) the name, civic and postal address, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (l) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are a resident in Canada or, if not, by the person authorized to act on their behalf.
  • 3. The above information will be assessed within 90 days after the day on which it is received by the Minister.
  • 626-39-1 S′
  • 1154-59-2 S′
  • 60352-98-9 S′
  • 64325-78-6 S′
  • 101200-53-7 S′
  • 125328-28-1 S′
  • 1. In relation to any substance in Column 1, opposite to this section, any activity involving, in a calendar year, the use of more than 10 000 kg of the substance.
  • 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 10 000 kg in any one calendar year:
    • (a) a description of the significant new activity in relation to the substance;
    • (b) the anticipated annual quantity on the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 4 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2 to 4 and paragraphs 8(a) to (e) and 8(h) of Schedule 5 to those Regulations;
    • (e) the information specified in items 2 and 11 of Schedule 6 to those Regulations;
    • (f) the test data and test report, in respect of the substance, obtained from two of the following tests conducted in accordance with the methodology described in the guidelines that is current at the time the test data are developed:
      • (i) Organisation for Economic Co-operation and Development (OECD) Guidelines for the testing of chemicals, Test No. 203: Fish, Acute Toxicity Test,
      • (ii) OECD Guidelines for the testing of chemicals, Test No. 202: Daphnia sp. Acute Immobilisation Test, or
      • (iii) OECD Guidelines for the testing of chemicals, Test No. 201: Freshwater Alga and Cyanobacteria, Growth Inhibition Test;
    • (g) the test data and test report, in respect of the substance, obtained from a benthic test conducted in accordance with the methodology described in one of the following guidelines that is current at the time the test data are developed:
      • (i) OECD Guideline for the testing of chemicals, Test No. 218: Sediment-Water Chironomid Toxicity Using Spiked Sediment,
      • (ii) OECD Guideline for the testing of chemicals, Test No. 225: Sediment-Water Lumbriculus Toxicity Test Using Spiked Sediment, or
      • (iii) Environment Canada Biological Test Method EPS1/RM/32 entitled Biological Test Method: Test for Survival and Growth in Sediment Using Larvae of Freshwater Midges (Chironomus tentans or Chironomus riparius);
    • (h) the test data and the test reports referred to in paragraphs (f) and (g) must be developed in accordance with the practices described in the OECD Principles on Good Laboratory Practice (Principles of GLP) set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD, using the Principles of GLP that are current at the time the test is conducted;
    • (i) a summary of all other information or test data in respect of the substance that are in possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (j) the identification of every other government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the agency’s file number and, if any, the outcome of the assessment and the risk management actions in relation to the substance imposed by the agency;
    • (k) the name, civic and postal address, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (l) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are a resident in Canada or, if not, by the person authorized to act on their behalf.
  • 3. The above information will be assessed within 90 days after the day on which it is received by the Minister.

Coming into Force

3. This Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

This Notice of Intent (NOI) is an opportunity for the public to comment on proposed amendments to the Domestic Substances List (DSL) to vary the Significant New Activity (SNAc) requirements of the Canadian Environmental Protection Act, 1999 (CEPA) for 105 substances, and to rescind the SNAc requirements for 5 substances, pursuant to subsection 87(3) of the Act.

In January 2015, a public commitment was made by the Department of the Environment and the Department of Health to review all SNAc orders and notices that were adopted between 2001 and 2014. footnote 12 The purpose of the review is to ensure that SNAc orders and notices are consistent with current information, policies and approaches. footnote 13 Resulting changes to SNAc orders and notices are expected to provide greater clarity of scope and improved ease of compliance, while protecting Canadians and their environment.

This NOI reflects the results of the review of SNAc requirements for certain substances identified as High Hazard, Not in Commerce. footnote 14 Of the 105 substances, 84 were included in Order 2008-87-01-01 Amending the DSL, which applied the SNAc provisions to 145 substances categorized to be persistent, bioaccumulative, and inherently toxic to non-human organisms (PBiT), and 21 substances were included in various orders published during the “Challenge” initiative of the Chemicals Management Plan (Batches 2, 3, 4, 7, 8, 9, 11 and 12) between 2009 and 2012.

As a result of the review, it is proposed that the definition of what constitutes a significant new activity be amended to increase the annual quantity threshold that would require submission of a Significant New Activity Notification (SNAN). Updated modelling and new information on substances, such as data submitted to the Government on analogous substances notified through the New Substances Notification Regulations (Chemicals and Polymers), suggests that activities below the proposed threshold would not pose a risk to the environment. The particular threshold proposed for each substance depends on its estimated ecological toxicity and is based on a conservative risk calculation using an industrial point source exposure scenario.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Order amending the DSL to vary the SNAc requirements for 105 substances and to rescind the SNAc requirements for 5 substances.

The DSL amendment is not in force until the Order is adopted by the Minister, pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Applicability of the proposed Order

At this time, it is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to the substances to submit a SNAN containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture or use of the substances for the significant new activity.

Currently, for the substances included in this proposed Order, a SNAN must be submitted whenever a person proposes to use, import, or manufacture a substance to which the SNAc provisions of CEPA apply in a quantity exceeding 100 kg in any calendar year. Activities that would require notification following the proposed amendment would include any activity involving, in any one calendar year, more than 1 000 kg or 10 000 kg of the substance, depending on the substance.

The SNAc provisions were applied to five of these substances (CAS RN 68443-10-7; CAS RN 68583-58-4; CAS RN 93918-79-7; CAS RN 113089-51-3; and CAS RN 119209-64-2), as they were not in commerce in Canada and, based on the available information at the time, were considered to be persistent, bioaccumulative and inherently toxic (PBiT) to non-human organisms. footnote 15 Based on a review of the SNAcs on these substances (as described above), it was determined from current information that these substances are unlikely to be PBiT and that they are unlikely to pose a risk to the environment. Therefore, it is proposed that the requirements under the SNAc provisions in relation to these five substances be rescinded.

Activities not subject to the proposed Order

The proposed Order would not apply to uses of the substances that are regulated under the acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates, or in some circumstances to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Information to be submitted

The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substances are imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

It is proposed that the SNAc requirements for five substances (CAS RN 68443-10-7; CAS RN 68583-58-4; CAS RN 93918-79-7; CAS RN 113089-51-3; and CAS RN 119209-64-2) be rescinded; therefore, the proposed Order would no longer require the submission of a SNAN in relation to these substances.

However, until such a time as a final Order is published in the Canada Gazette, Part II, the original SNAc requirements remain in effect.footnote 16, footnote 17, footnote 18

Compliance

When assessing whether a substance is subject to the SNAc provisions,footnote 19 a person is expected to make use of information in their possession or to which they have access. The phrase “to which they have access” 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 (SDS).footnote 20

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an Order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that a substance is toxic or capable of becoming toxic, the person who is in possession or who has knowledge of the information and is involved in certain activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.

Any person who transfers the physical possession or control of a substance subject to an Order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Order, including the obligation to notify the Minister of any significant new activity and to provide all of the required information outlined above.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with a notice or Order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line.footnote 21

CEPA is enforced in accordance with the publicly available 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, potential harm, intent and history of compliance.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of phenol, 4-chloro-3-methyl (chlorocresol), CAS RN footnote 22 59-50-7, specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas chlorocresol is a substance identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on chlorocresol pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that chlorocresol meets one or more of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that chlorocresol be added to Schedule 1 of the Act.

Notice is furthermore given that the ministers have released a risk management scope for this substance to initiate discussions with stakeholders on the development of risk management actions.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca. Comments can also be submitted to the Minister of the Environment using the online reporting system available through Environment and Climate Change Canada’s Single Window.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

Gwen Goodier
Acting Director General
Industrial Sectors, Chemicals and Waste Directorate
On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of chlorocresol

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of phenol, 4-chloro-3-methyl-, hereinafter referred to as chlorocresol. The Chemical Abstracts Service Registry Number (CAS RN) for chlorocresol is 59-50-7. This substance was identified as a priority for assessment, as it met the categorization criteria under subsection 73(1) of CEPA.

Chlorocresol was included in a survey issued pursuant to a CEPA section 71 notice. There were no reports of manufacture of chlorocresol in Canada above the reporting threshold of 100 kg in 2011. Chlorocresol was reported as being imported into Canada with a total volume in the range of 100 to 1 000 kg for commercial uses as an admixture to concrete. Other uses in Canada include as a component in certain body moisturizer creams/lotions at concentrations up to 0.2%. Chlorocresol was also identified as a non-medicinal ingredient in licensed natural health product creams at concentrations up to 0.2%, as a non-medicinal ingredient in a limited number of pharmaceuticals at concentrations up to 0.1%, and as an active ingredient in one registered pest control product in Canada. The sodium salt form of chlorocresol is also registered in two pest control products.

The ecological risk of chlorocresol was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, chlorocresol is considered unlikely to cause ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from chlorocresol. It is proposed to conclude that chlorocresol does not meet the criteria under paragraph 64(a) or (b) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

On the basis of the low volumes of chlorocresol reported in commerce in Canada and the reported levels of chlorocresol detected in Canadian drinking water, wastewater treatment system sludge and indoor air, exposure by the general population to chlorocresol from environmental media is expected to be minimal. Consumer exposure is not expected to occur from chlorocresol used for commercial purposes in small quantities of certain building or construction materials as a concrete admixture.

In Canada, exposure to chlorocresol may occur through the use of certain cosmetics, such as body moisturizer creams/lotions, or topical licensed natural health products or pharmaceuticals, in which it is present at concentrations up to 0.2%. The highest exposures were estimated for the use of moisturizers when applied to infants (from birth to six months old).

The critical health effect for chlorocresol was identified as decreased adrenal organ weights in a chronic exposure study. A comparison of estimated exposure to chlorocresol from its use in cosmetics, such as body lotions, to the critical health effect level resulted in margins of exposure (MOEs) that were considered potentially inadequate to address uncertainties in the health effects and exposure databases.

With respect to dermal exposure to chlorocresol from the use of topical licensed natural health products or pharmaceuticals, a comparison of the estimated exposure to the critical effect level resulted in MOEs that are considered adequate to address uncertainties in the health effects and exposure databases.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that chlorocresol meets the criteria under paragraph 64(c) of CEPA, as it is entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

Therefore, it is proposed to conclude that chlorocresol meets one or more of the criteria set out in section 64 of CEPA.

It is also proposed to conclude that chlorocresol does not meet the persistence or bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

The draft screening assessment and the risk management scope for this substance are available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the filing of the claims for exemption listed below.

In accordance with subsection 12(2) of the Hazardous Materials Information Review Act, affected parties, as defined, may make written representations to the screening officer with respect to the claim for exemption and the safety data sheet (SDS) or label to which it relates. Written representations must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor (4908-B), Ottawa, Ontario K1A 0K9.

Véronique Lalonde
Chief Screening Officer

On February 11, 2015, the Hazardous Products Act (HPA) was amended and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015.

The claims listed below seek an exemption from the disclosure of supplier confidential business information in respect of a hazardous product; such disclosure would otherwise be required under the provisions of the relevant legislation.

Claimant

Product Identifier

Subject of the Claim for Exemption

Registry Number

AVISTA TECHNOLOGIES Inc.

RoClean P903

C.i. and C. of five ingredients
C. of one ingredient

03331902

AVISTA TECHNOLOGIES Inc.

AvistaClean MF 1000a

C.i. and C. of five ingredients
C. of two ingredients

03331903

Integrity Bio-Chem

NE2700X2-W

C.i. and C. of one ingredient
C. of one ingredient

03331911

Dow Chemical Canada ULC

ACCENT™ PD 1513

C.i of one ingredient

03331943

AVISTA TECHNOLOGIES Inc.

AvistaClean MF 1000

C.i. and C. of five ingredients
C. of two ingredients

03332020

AVISTA TECHNOLOGIES Inc.

AvistaClean P312

C.i. and C. of five ingredients
C. of two ingredients

03332021

Baker Hughes Canada Company

JETTISON™ 3000 SOLIDS RELEASE AGENT

C.i. and C. of three ingredients
C. of two ingredients

03332024

Baker Hughes Canada Company

FORSA™ HIW7180 Hydrate Inhibitor

C.i. and C. of one ingredient
C. of one ingredient

03332066

UOP LLC

Merox WS-2 Catalyst

C.i. of one ingredient

03332115

Dow Chemical Canada ULC

ACCENT™ PD 1514

C.i. of one ingredient

03332116

Canadian Energy Services

CES 0818

C.i. and C. of two ingredients

03332206

Cortec Corporation

VpCI-649

C.i. of one ingredient

03332229

Construction DJL Inc.

Enroplus®

C.i. and C. of one ingredient

03332230

UOP LLC

Merox WS Catalyst

C.i. of one ingredient

03332234

UOP LLC

Merox Plus

C.i. of one ingredient

03332512

BASF Canada Inc.

Irgalube ML 3010 A

C.i. of two ingredients

03332520

Evergreen Solutions Corp.

MegaSol

C.i. and C. of eight ingredients

03332751

Construction DJL Inc.

Polytech ES

C.i. and C. of one ingredient

03332940

Nalco Canada ULC

NALCO® EC5626A

C.i. of one ingredient

03333086

Nalco Canada ULC

NALCO® EC5626AW

C.i. of one ingredient

03333087

Baker Hughes Canada Company

SCW8234 SCALE INHIBITOR

C.i. and C. of one ingredient
C.i. of one ingredient
C. of two ingredients

03333279

Baker Hughes Canada Company

PSS1001 SCALE INHIBITOR

C.i. and C. of one ingredient
C. of one ingredient

03333283

Henkel Canada Corporation

LOCTITE LIOFOL LA 7910

C.i. of one ingredient

03333295

Nalco Canada ULC

RESOLV EC2777A

C.i. and C. of one ingredient

03333531

Ingevity Corporation

EnvaWet SCTO

C.i. and C. of one ingredient

03333532

Fluid Energy Group Ltd.

CI-9CNE

C.i. of four ingredients

03333687

Compass Minerals Manitoba Inc

ROCKET SEEDS™ Moly Liquid Ni 0-0-2

C.i. and C. of five ingredients

03333767

Globalquimica Partners LLC

RDV-01-CWB

C.i. and C. of one ingredient
C. of two ingredients

03333773

Dow Chemical Canada ULC

ACCENT™ PD 1510

C.i. of one ingredient

03333800

Baker Hughes Canada Company

PSS1000 SCALE INHIBITOR

C.i. and C. of one ingredient

03333801

AVISTA TECHNOLOGIES Inc.

Vitec 8200

C.i. and C. of one ingredient

03333931

AVISTA TECHNOLOGIES Inc.

RoClean L212

C.i. and C. of four ingredients
C. of two ingredients

03333932

Canadian Energy Services

EnerMul M

C.i. and C. of one ingredient

03333992

Fluid Energy Group Ltd.

Enviro-Syn® HCR-7000CEF

C.i. and C. of one ingredient

03334069

Baker Hughes Canada Company

BPR 45411 ODOR CONTROL

C.i. and C. of two ingredients
C.i. of one ingredient
C. of one ingredient

03334768

Note: C.i. = chemical identity and C. = concentration

ENVIRONMENT AND CLIMATE CHANGE CANADA

SPECIES AT RISK ACT

Description of Fowler’s Toad critical habitat in the Big Creek National Wildlife Area and Long Point National Wildlife Area

The Fowler’s Toad (Anaxyrus fowleri) is listed on Schedule 1 of the Species at Risk Act. In Canada, the Fowler’s Toad occurs in southwestern Ontario along the north shore of Lake Erie, where it is generally found in open to early successional shoreline habitat.

The Recovery Strategy for the Fowler’s Toad (Anaxyrus fowleri) in Canada 2019 identifies the critical habitat for the species in a number of areas, including within federally protected areas.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, subsection 58(1) of that Act applies, 90 days after this publication, to the critical habitat of the Fowler’s Toad — identified in the recovery strategy for that species that is included on the Species at Risk Public Registry — and found within the following federally protected areas: Big Creek National Wildlife Area and Long Point National Wildlife Area, described in Schedule 1 of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act.

Interested parties are invited to contact Environment and Climate Change Canada by email at ec.protectionep-sarprotection.ec@canada.ca to request clarification regarding the location, biophysical attributes and protection of this species’ critical habitat. However, some details may be withheld to protect the species and its critical habitat.

July 27, 2019

Sarah Wren
Director
Species at Risk Implementation
Canadian Wildlife Service

GLOBAL AFFAIRS CANADA

Consulting Canadians on negotiations for possible accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

The Government of Canada is committed to diversifying trade and investment with key markets around the world and to strengthening Canada’s ties with its Asia-Pacific partners. Global Affairs Canada is seeking input from Canadians on the possible accession of new members to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Background

The CPTPP is an ambitious and high-standard free trade agreement between Canada and Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Combined, the 11 CPTPP members form a trading bloc representing approximately half a billion consumers and 13.5% of global GDP.

The Agreement entered into force for Canada, Australia, Japan, Mexico, New Zealand and Singapore on December 30, 2018, and for Vietnam on January 14, 2019. For the remaining signatories (Brunei, Chile, Malaysia, and Peru), the CPTPP will enter into force 60 days after they have completed their domestic ratification procedures.

With the CPTPP now in force, economies that are able to meet the Agreement’s high-standard rules and ambitious market access commitments can seek to accede to the Agreement, subject to terms and conditions to be negotiated with CPTPP parties.

The accession of new economies to the CPTPP is an opportunity to increase the Agreement’s benefits for Canadians, further diversifying and expanding Canada’s preferential access to vibrant markets throughout the Asia-Pacific region and beyond. Accessions would also help reinforce the rules-based international system and promote the development of global value chains, strengthening Canada’s connectivity to the Asia-Pacific region.

At the inaugural CPTPP Commission meeting in Tokyo on January 19, 2019, CPTPP members laid out the key procedural steps for accessions negotiations. For CPTPP members to formally begin their considerations, an economy must first submit an official request to begin the accession process. To date, there has yet to be an official request to accede. Depending on the timing of a request from an aspirant economy, formal accession negotiations could potentially begin as early as the second half of 2019.

More information on the Government’s consultations on potential accessions to the CPTPP can be found at Global Affairs Canada: Consulting Canadians on possible accession negotiations for the CPTPP.

Interested parties are invited to submit their views on the potential accession of new members to the CPTPP, including specific interests, priorities and potential sensitivities. In particular, the Government welcomes views regarding economies that have publicly announced their own consultations or studies on potential CPTPP accession, notably South Korea, Taiwan, Thailand and the United Kingdom. The Government also welcomes views on the potential accession of any other Asia-Pacific economy. The Government may opt to launch further public consultations on specific economies that formally apply to accede to the Agreement.

Please be advised that any information received as a result of this consultation will be considered as public information, unless explicitly requested otherwise. The deadline for submission is August 25, 2019.

Submissions should include the following:

  1. Contributor’s name and address and, if applicable, the name of the contributor’s organization, institution or business;
  2. The specific issues being addressed; and
  3. Where possible, precise information on the rationale for the positions taken, including any significant impact it may have on Canada’s domestic or international interests.

Contributions can be sent to

Canada–Asia-Pacific Trade Consultations
Global Affairs Canada
Trade Policy and Negotiations, Asia Division (TCA)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: AsiaPacificConsultations.ConsultationsAsiePacifique@international.gc.ca

Submissions

The following are examples of areas where the Government would appreciate receiving views from Canadians:

Trade and investment interests
Interests and values of Canadians

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website.

Position

Organization

Closing date

President and Chief Executive Officer

Canada Lands Company Limited

 

Board Member (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chairperson (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chief Executive Officer (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Vice-Chairperson (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chairperson

Canadian Dairy Commission

 

Chairperson, Vice-Chairperson and Director

Canadian Energy Regulator

 

Chief Executive Officer

Canadian Energy Regulator

 

Lead Commissioner, Deputy Lead Commissioner and Commissioner

Canadian Energy Regulator

 

Pay Equity Commissioner

Canadian Human Rights Commission

 

President (Chief Executive Officer)

Canadian Tourism Commission

 

Chairperson

Farm Credit Canada

 

Member (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Auditor General of Canada

Office of the Auditor General

 

Chief Accessibility Officer (Anticipatory)

Office of the Chief Accessibility Officer

 

Chief Executive Officer

Parks Canada

 

Commissioner

Public Service Commission

 

Member and Alternate Member

Renewable Resources Board (Gwich’in)

 

Member and Alternate Member

Renewable Resources Board (Sahtu)