ARCHIVED — Order 2011-112-07-01 Amending the Domestic Substances List

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Vol. 145, No. 16 — August 3, 2011

Registration

SOR/2011-153 July 22, 2011

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Whereas the Minister of the Environment has been provided with information under paragraph 112(1)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of the living organism referred to in the annexed Order;

Whereas, in respect of the living organism being added to the Domestic Substances List (see footnote b) pursuant to subsection 112(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that the living organism has been manufactured in or imported into Canada, by the person who provided the information prescribed under the New Substances Notification Regulations (Organisms) (see footnote c);

Whereas the period for assessing the information under section 108 of that Act has expired;

And whereas no conditions under paragraph 109(1)(a) of that Act in respect of the living organism are in effect;

Therefore, the Minister of the Environment, pursuant to subsection 112(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Order 2011-112-07-01 Amending the Domestic Substances List.

Gatineau, June 21, 2011

PETER KENT
Minister of the Environment

ORDER 2011-112-07-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part 7 of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

18300-3

Bacillus species 300350

Espèce bacillus 300350

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 Order.)

Issue and objectives

The purpose of the Order 2011-112-07-01 Amending the Domestic Substances List (the Order), made under subsection 112(1) of the Canadian Environmental Protection Act, 1999, is to add one living organism to the Domestic Substances List (the List).

Description and rationale

The Domestic Substances List

For the purposes of the Canadian Environmental Protection Act, 1999, the Domestic Substances List is the sole basis for determining whether a living organism is “existing” or “new” to Canada. Living organisms on the Domestic Substances List, except those identified with the indicator “S” or “S’ ”, (see footnote 2) are not subject to the requirements of section 106 of the Canadian Environmental Protection Act, 1999 or of its Regulations made under section 114, namely the New Substances Notification Regulations (Organisms). Living organisms that are not on the Domestic Substances List will require notification and assessment as prescribed by those Regulations before they can be manufactured in or imported into Canada.

The Domestic Substances List was published in the Canada Gazette, Part II, in May 1994. However, the Domestic Substances List is not a static list and is subject, from time to time, to additions, deletions or corrections that are published in the Canada Gazette. The Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, on July 4, 2001, establishes the structure of the List, whereby substances or living organisms are listed by categories based on certain criteria. (see footnote 3)

Additions to the Domestic Substances List

Subsection 112(1) of the Canadian Environmental Protection Act, 1999 requires the Minister to add a living organism to the Domestic Substances List within 120 days after the following conditions are met:

  1. (a) the Minister has been provided with information in respect of the living organism under section 106 or 107 and any additional information or test results required under subsection 109(1);
  2. (b) the Ministers are satisfied that the living organism has been manufactured in or imported into Canada by the person who provided the information prescribed for the purpose of this paragraph;
  3. (c) the period for assessing the information under section 108 has expired; and
  4. (d) no conditions specified under paragraph 109(1)(a) in respect of the living organism remain in effect.

Since one living organism met the criteria under subsection 112(1), the Order adds it to the Domestic Substances List.

Publication of masked names

Section 113 of the Canadian Environmental Protection Act, 1999 requires the use of a masked name where the publication of the explicit biological name of a living organism would result in the release of confidential business information in contravention of section 314 of the Canadian Environmental Protection Act, 1999. The procedure to be followed for creating such a name is set out in the Masked Name Regulations. The Order 2011-112-07-01 adds one masked name to the Domestic Substances List. Despite section 113, the identity of this living organism may be disclosed by the Minister in accordance with section 315 or 316 of the Canadian Environmental Protection Act, 1999. Persons that wish to determine if a living organism is listed on the confidential portion of the Domestic Substances List must file a Notice of Bona Fide intent to manufacture or import with the New Substances program.

Alternatives

The Canadian Environmental Protection Act, 1999 sets out a process for updating the Domestic Substances List in accordance with strict timelines. Since the living organism covered by the Order met the criteria for addition to that List, no alternative to its addition has been considered.

Benefits and costs

Benefits

The amendment of the Domestic Substances List will benefit the public and governments by identifying one additional living organism that is in commerce in Canada, and will also benefit industry by exempting them from all assessment and reporting requirements under section 106 of the Canadian Environmental Protection Act, 1999.

Costs

There will be no incremental costs to the public, industry or governments associated with the Order.

Consultation

As the Order is administrative in nature and does not contain any information that would be subject to comment or objection by the general public, no consultation was required.

Implementation, enforcement and service standards

The Domestic Substances List identifies living organisms that, for the purposes of the Canadian Environmental Protection Act, 1999, are not subject to the requirements of the New Substances Notification Regulations (Organisms). Furthermore, as the Order only adds one living organism to the Domestic Substances List, developing an implementation plan or a compliance strategy or establishing a service standard is not required.

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
SOR/94-311

Footnote c
SOR/2005-248

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/94-311

Footnote 2
Some substances listed on the Domestic Substances List with the indicator “S” or “S’ ” may require notification in advance of their manufacture, import or use for a significant new activity.

Footnote 3
For more information, please visit http://gazette.gc.ca/archives/p2/2001/2001-07-04/pdf/g2-13514.pdf.