Registration

SOR/2008-290 September 5, 2008

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2008-87-06-01 Amending the Domestic Substances List

Whereas the Minister of the Environment has been provided with information under either paragraph 87(1)(a) or (5)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of each substance referred to in the annexed Order;

Whereas, in respect of the substances being added to the Domestic Substances List (see footnote b) pursuant to subsection 87(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that those substances have been manufactured in or imported into Canada, by the person who provided the information, in excess of the quantity prescribed under the New Substances Notification Regulations (Chemicals and Polymers) (see footnote c);

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances are in effect;

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999(see footnote d), hereby makes the annexed Order 2008-87-06-01 Amending the Domestic Substances List.

Ottawa, August 26, 2008

JOHN BAIRD
Minister of the Environment

ORDER 2008-87-06-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

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

931-40-8 N

211193-05-4 N-P

82780-16-3 N-P

924892-37-5 N-P

748809-45-2 N-P

72018-12-3 T-P

56000-16-9 N

347175-78-4 N

1000293-27-5 N-P

2. (1) Substance 17704-1 N-P in Part 3 of the List is replaced by the following:

numerical order	Domestic Substances List
17704-1 N-P	2-Propenoic acid, 2-methyl-, polymer with alkyl 2-methyl-2-propenoate, cyclohexyl 2-methyl-2-propenoate, ethenylbenzene, 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2-methyl-2-propenoate and α-(2-methyl-1-oxo-2-propenyl)-ω-methoxypoly(oxy-1,2-ethanediyl), compound with 2-(dimethylamino)ethanol

(2) Part 3 of the List is amended by adding the following in numerical order:

numerical order	Domestic Substances List
16247-2 T-P	Rosin, maleated, polymer with an alkylphenol, formaldehyde, p-tert-butylphenol and pentaerythritol
16521-6 N-P	2-Propenoic acid, alkyl ester, polymer with 2-hydroxyethyl 2-methyl-2-propenoate, 2-ethylhexyl 2-propenoate, methyl 2-methyl-2-propenoate, 2-methyl-2-propenoic acid and 2-(dimethylamino)ethanol, diammonium salt of peroxydisulfuric acid initiated
17908-7 N-P	Carbomonocycledicarboxylic acid, dimethyl ester, polymer with 1,4-butanediol, dodecanedioic acid, 1,6-hexanediol, α-hydro-ω-hydroxypoly(oxy-1,4-butanediyl) and 1,1′-methylenebis[4-isocyanatobenzene]
17909-8 N-P	Isocyanic acid, polymethylenepolyphenylene ester, alkylene glycol-blocked
17910-0 N-P	Oxirane, ethyl-, polymer with oxirane, mono(hydrogen sulfate), alkenyl ether, ammonium salt
17912-2 N-P	2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, chlorinated maleic anhydride-polypropylene reaction products, cyclohexyl methacrylate, 2-hydroxyethyl acrylate, Me methacrylate and 2-alkoxyethyl acrylate
17913-3 N-P	Soybean oil, polymer with hydroxy-substituted alkane and terephthalic acid
17914-4 N-P	2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-hydroxyethyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, α-(2-methyl-1-oxo-2-propenyl)-ω-methoxypoly(oxy-1,2-ethanediyl), 2-propenoic acid and trimethylcarbopolycycle 2-propenoate, compound with 2-(dimethylamino)ethanol

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 Order.)

Issue and objectives

The purpose of the Order Amending the Domestic Substances List (the Order), made pursuant to subsections 87(1) and 87(5) of the Canadian Environmental Protection Act, 1999, is to add 17 substances to the Domestic Substances List, to make consequential deletions to the Non-domestic Substances List and to make one correction to the Domestic Substances List.

Description and rationale

The Domestic Substances List

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 empowers the Minister of the Environment to maintain 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.”

For the purposes of the Canadian Environmental Protection Act, 1999, the Domestic Substances List is the sole basis for determining whether a substance is “existing” or “new” to Canada. Substances on the Domestic Substances List, except those identified with the indicator “S”, “S’ ” or “P” (see footnote 2), are not subject to the requirements of sections 81 of the Canadian Environmental Protection Act, 1999 and of its Regulations, namely the New Substances Notification Regulations (Chemicals and Polymers) made under section 89 of the Canadian Environmental Protection Act, 1999. Substances that are not on the Domestic Substances List will require notification and assessment as prescribed by these 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 Non-domestic Substances List

The United States Toxic Substances Control Act (TSCA) Inventory has been chosen as the basis for the Non-domestic Substances List. On a semi-annual basis, the Non-domestic Substances List is updated based on amendments to the American inventory. The Non-domestic Substances List only applies to substances that are chemicals and polymers. Substances added to the Non-domestic Substances List remain subject to notification and scientific assessment as new substances in Canada when manufactured or imported quantities exceed 1 000 kg per year, in order to protect the environment and human health. However, they are subject to fewer information requirements.

Additions to the Domestic Substances List

Subsection 87(1) of the Canadian Environmental Protection Act, 1999 requires the Minister of the Environment to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1); (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of (i) 1 000 kg in any calendar year, (ii) an accumulated total of 5 000 kg, or (iii) the quantity prescribed for the purposes of this section; and (c) the period for assessing the information under section 83 has expired; and (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

Subsection 87(5) of the Canadian Environmental Protection Act, 1999 requires the Minister to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information; (b) the period for assessing the information under section 83 has expired; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

As the 17 substances met the criteria under subsection 87(1) or subsection 87(5), the Order adds them to the Domestic Substances List.

Deletions from the Non-domestic Substances List

Substances added to the Domestic Substances List, if they appear on the Non-domestic Substances List, are deleted from that List as indicated under subsections 87(1) and 87(5) of the Canadian Environmental Protection Act, 1999. Four of the substances that are being added to the Domestic Substances List were present on the Non-domestic Substances List, and are therefore deleted.

Corrections to the Domestic Substances List

A correction is made to the Domestic Substances List as one substance was listed using an inappropriate name.

Publication of masked names

Section 88 of the Canadian Environmental Protection Act, 1999 requires the use of a masked name where the publication of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314 of the Canadian Environmental Protection Act, 1999. In that case, a masked name is added to the Domestic Substances List instead of the explicit chemical or biological name of a substance. The procedure to be followed for creating such a name is set out in the Masked Name Regulations. Despite section 88, the identity of the substance may be disclosed by the Minister in accordance with sections 315 or 316 of the Canadian Environmental Protection Act, 1999. Regulatees that wish to determine if a substance 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 17 substances covered by the Order met the criteria for addition to that List, there is no alternative to the addition.

Similarly, there is no alternative to the proposed Non-domestic Substances List deletions, since substances names cannot be on both the Non-domestic Substances List and the Domestic Substances List.

Benefits and costs

Benefits

The amendment of the Domestic Substances List will benefit the public and governments by identifying additional substances that are in commerce in Canada and will also benefit industry by exempting them from all assessment and reporting requirements under section 81 of the Canadian Environmental Protection Act, 1999. In addition, the Order will improve the consistency of the substances lists by making necessary corrections to the names of the listed substances.

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 s tandards

The Domestic Substances List identifies substances that, for the purposes of the Canadian Environmental Protection Act, 1999, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers). Furthermore, as the Order only adds 17 substances to the Domestic Substances List and makes necessary deletions to the Non-domestic Substances List and one correction to the Domestic Substances List, developing an implementation plan, a compliance strategy or establishing a service standard is not required.

Contacts

Ms. Karen Mailhiot
Manager
Notification and Client Services Section
New Substances Division
Science and Risk Assessment Directorate
Science and Technology Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
New Substances Information Line:
1-800-567-1999 (toll free in Canada)
819-953-7156 (outside of Canada)

Mr. Markes Cormier
Senior Economist
Regulatory Analysis and Instrument Choice Division
Economic Analysis Directorate
Strategic Policy Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-5236
Fax: 819-997-2769
Email: markes.cormier@ec.gc.ca

Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote c
SOR/2005-247

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. As well substances with the indicator “P” require notification in advance of their manufacture or import if they are in a form that no longer meets the reduced regulatory requirement criteria as defined in the New Substances Notification Regulations (Chemicals and Polymers).

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).