Vol. 151, No. 21 — October 18, 2017

Registration

SOR/2017-210 September 28, 2017

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2017-66-08-01 Amending the Domestic Substances List

Whereas, pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment is required to maintain the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2017-66-08-01 Amending the Domestic Substances List.

Gatineau, September 22, 2017

Catherine McKenna
Minister of the Environment

Order 2017-66-08-01 Amending the Domestic Substances List

Amendment

1 In Part 5 of the Domestic Substances List (see footnote 1), the reference to “Bacillus amyloliquefaciens N’’ is replaced by “Bacillus amyloliquefaciens strain J1 N’’.

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 orders.)

Issues

The Government of Canada (the Government) assessed information on 12 substances new to Canada and determined that they meet the criteria for addition to the Domestic Substances List (DSL). Therefore, the Government added these 12 substances to the DSL under the Order 2017-87-08-01 Amending the Domestic Substances List (Order 2017-87-08-01).

Based on new information, the Government updated the identifier of one living organism on the DSL under the Order 2017-66-08-01 Amending the Domestic Substances List (Order 2017-66-08-01).

Background

Assessment of substances new to Canada

Substances that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements set out in sections 81, 83, 106 and 109 of the Canadian Environmental Protection Act, 1999 (CEPA), as well as in the New Substances Notification Regulations (Chemicals and Polymers) (see footnote 2) and the New Substances Notification Regulations (Organisms). (see footnote 3) These regulations are administered by the New Substances Program and were made to ensure that new substances introduced to the Canadian marketplace over certain thresholds (see footnote 4) are risk assessed to identify potential hazards to the environment and human health, and that appropriate control measures are taken, if deemed necessary.

Substances on the DSL

The DSL is an inventory of substances in the Canadian marketplace published in the Canada Gazette, Part II, in May 1994 (see footnote 5). The DSL is amended on average 10 times a year to add or delete substances. These amendments may also add, vary, or rescind reporting obligations for substances on the DSL imposed under the significant new activity (SNAc) provisions of CEPA. (see footnote 6)

The current structure of the DSL was established in July 2001 (see footnote 7) and it includes eight parts defined as follows:

A substance must be added to the DSL under subsection 87(1), 87(5), or 112(1) of CEPA within 120 days once all of the following criteria are met:

Adding 12 substances to the DSL

The Government assessed information on 12 new substances reported to the New Substances Program and determined that they meet the criteria for their addition to the DSL. These substances were therefore added to the DSL. This will remove the notification and assessment requirements under the New Substances Notification Regulations (Chemicals and Polymers).

Updating the identifier of one living organism on the DSL

Based on new information provided to the New Substances Program, the identifier of one living organism listed on Part 5 of the DSL was updated to better reflect the identity of the substance.

Objectives

The objective of Order 2017-87-08-01 is to comply with subsection 87(1) and (5) of CEPA by adding 12 substances to the DSL.

The objective of Order 2017-66-08-01 is to update the identifier of one living organism on the DSL.

Description

Under Order 2017-87-08-01, the Government added 12 substances to the DSL. Three substances identified by their CAS RN were added to Part 1 of the DSL and nine substances identified by their masked name and their CAN were added to Part 3 of the DSL.

Under Order 2017-66-08-01, the Government updated the identifier of one living organism on Part 5 of the DSL.

Consultation

As the orders do not contain any information expected to generate comments by stakeholders, no consultation is deemed necessary.

Rationale

Substances new to Canada are subject to notification and assessment requirements before they can be manufactured or imported over the thresholds set in the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). These Regulations were made to ensure that new substances introduced to the Canadian marketplace over certain thresholds are risk assessed to identify potential hazards to the environment and human health and that appropriate control measures taken, if deemed necessary.

The Government assessed information on 12 substances new to Canada, and determined that they meet the criteria for their addition to the DSL. These substances have been added to the DSL and therefore they are exempt from notification and assessment requirements under the New Substances Notification Regulations (Chemicals and Polymers).

Based on new information, the Government updated the identifier of one living organism on the DSL.

“One-for-One” Rule and small business lens

The orders do not trigger the “One-for-One” Rule, as they do not add any additional costs to business. Also, the small business lens does not apply to the orders, as they do not add any administrative or compliance burden to small businesses.

Implementation, enforcement and service standards

Developing an implementation plan, a compliance strategy, or establishing a service standard is not required when adding substances to the DSL, or updating substance identifiers on the DSL.

Contact

Julie Thompson
Executive Director
Program Development and Engagement 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)
Fax: 819-938-5212
Email: eccc.substances.eccc@canada.ca