Canada Gazette, Part I, Volume 150, Number 34: GOVERNMENT NOTICES
August 20, 2016
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Significant New Activity Notice No. 18642
Significant New Activity Notice
(Section 85 of the Canadian Environmental Protection Act, 1999)
Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance fatty acids, C12-20, 1,2,2,6,6-pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2, under section 83 of the Canadian Environmental Protection Act, 1999;
Whereas the substance is not specified on the Domestic Substances List;
And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of paragraph 64(c) of the Canadian Environmental Protection Act, 1999,
Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies with respect to the substance in accordance with the Annex.
The Honourable Catherine McKenna
Minister of the Environment
ANNEX
Information requirements
(Section 85 of the Canadian Environmental Protection Act, 1999)
- A significant new activity is the use of the substance fatty acids, C12-20, 1,2,2,6,6-pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2, in a quantity greater than 100 kg in a calendar year in a cosmetic within the meaning of section 2 of the Food and Drugs Act, or in a personal care product or paint to which the Canada Consumer Product Safety Act applies.
- For each proposed significant new activity, the following information must be provided to the Minister of the Environment at least 90 days before the commencement of the significant new activity:
- (a) a description of the significant new activity in relation to the substance;
- (b) the anticipated annual quantity of the substance to be used;
- (c) the information specified in item 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
- (d) the information specified in item 8 of Schedule 5 to those regulations;
- (e) the information specified in item 11 of Schedule 6 to those regulations;
- (f) all other information or test data in respect of the substance that are in the possession of the person who is proposing to conduct 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;
- (g) the name of every government department or 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 department or agency file number and, if any, the outcome of the assessment and the risk management actions in relation to the substance imposed by the department or agency;
- (h) the test data and a test report from a reproduction and developmental toxicity test, conducted via the dermal route, in respect of the substance, according to the Organisation for Economic Co-operation and Development (OECD) Test No. 422: Combined Repeated Dose Toxicity Study with the Reproduction/Developmental Toxicity Screening Test; and
- (i) the test data and a test report from a genotoxicity test with fluorescence in situ hybridization designed to detect clastogenic and aneugenic events, in relation to the substance, conducted according to the OECD Test No. 487: In Vitro Mammalian Cell Micronucleus Test.
- The test data and the test reports referred to in section 2 must be developed in accordance with the practices described in the OECD Principles of Good Laboratory Practice 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 Good Laboratory Practice that are current at the time the test data are developed.
- The information provided under section 2 will be assessed within 90 days after the day on which it is received by the Minister of the Environment.
EXPLANATORY NOTE
(This explanatory note is not part of the Significant New Activity Notice.)
Description
This Significant New Activity Notice is a legal instrument adopted by the Minister of the Environment and Climate Change pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (CEPA) to apply the Significant New Activity provisions (SNAc) of that Act to the substance fatty acids, C12-20, 1,2,2,6,6-pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2. The Notice is now in force. It is therefore mandatory for any person intending to use the substance for a significant new activity as defined in the Notice to meet all the requirements of the Notice. (see footnote 1)
A significant new activity notice does not constitute an endorsement from Environment and Climate Change Canada or from the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.
Applicability of the Significant New Activity Notice
The Notice requires that any person engaging in a significant new activity in relation to fatty acids, C12-20, 1,2,2,6,6-pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2, to submit a Significant New Activity notification (SNAN) containing all of the information required in the Notice at least 90 days before using the substance for the significant new activity.
The activity with respect to fatty acids, C12-20, 1,2,2,6,6pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2 requiring a SNAN submission is to use the substance in cosmetics within the meaning of section 2 of the Food and Drugs Act or in personal care products or paints to which the Canada Consumer Products Safety Act applies, in a quantity greater than 100 kg in any calendar year. This includes formulation of paints with the substance.
Activities not subject to the Notice
This Notice does not apply to uses of the substance that are regulated under any Act of Parliament listed in Schedule 2 of CEPA: the Pest Control Products Act, the Fertilizers Act and the Feeds Act. It also does not apply to transient reaction intermediates, impurities, contaminants or partially unreacted materials or in some circumstances to items such as, but not limited to, wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture such as paint may be subject to notification under the SNAc provisions of CEPA. See subsection 81(6) and section 3 of CEPA, and section 3.2 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional details. (see footnote 2)
Information to be submitted
The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance fatty acids, C12-20, 1,2,2,6,6-pentamethyl-4-piperidinyl esters, Chemical Abstracts Service Registry No. 1357160-95-2 is used for a significant new activity. Environment and Climate Change Canada and Health Canada 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 assessment of the substance identified concerns associated with human health effects resulting from polyploidy for potential new activities. The Significant New Activity Notice was issued to obtain information to ensure that the substance will undergo further assessment before a significant new activity commences.
The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 3)
Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers. (see footnote 4)
Compliance
When assessing whether or not a Notice applies, a person is expected to make use of information in their possession or to which they ought to have access. (see footnote 5) The phrase “to which they ought to 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).
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 substances that may be subject to a SNAc Notice. Any person requiring more detailed information on product composition is encouraged to contact their supplier.
If a person involved in activities with the substance obtains any information that reasonably supports the conclusion that this substance is toxic or capable of becoming toxic, the person 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. Where a person receives 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 the original SNAN submitted by the person from whom they obtained the substance. 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. (see footnote 6)
Under section 86 of CEPA, any person who transfers the physical possession or control of a substance subject to a SNAc Notice shall notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Notice.
This substance is a chemical substance not specified on the Domestic Substances List or Non-Domestic Substances List. Therefore, subsection 81(1) of CEPA requires anyone who manufactures or imports more than 100 kg of the substance in a calendar year to communicate the information prescribed under the New Substances Notification Regulations (Chemicals and Polymers) (see footnote 7) to the Minister of Environment and Climate Change.
A pre-notification consultation (PNC) is available for notifiers who wish to consult with the program 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, believes they may be out of compliance or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line. (see footnote 8)
CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 9) 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.
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PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will 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.
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 Web site (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).
| Position | Organization | Closing date |
|---|---|---|
| Chairperson | Windsor-Detroit Bridge Authority | August 15, 2016 |
| Members | Canadian Transportation Accident Investigation and Safety Board | August 19, 2016 |
| Chairperson | Canadian Cultural Property Export Review Board | August 22, 2016 |
| Chairperson | Freshwater Fish Marketing Corporation | August 23, 2016 |
| President | Freshwater Fish Marketing Corporation | August 23, 2016 |
| Member | Canadian Dairy Commission | August 24, 2016 |
| Chief Commissioner | Canadian Grain Commission | August 24, 2016 |
| Assistant Chief Commissioner | Canadian Grain Commission | August 24, 2016 |
| Commissioner | Canadian Grain Commission | August 24, 2016 |
| Members | Historic Sites and Monuments Board of Canada | September 19, 2016 |
Upcoming opportunities
| Position | Organization |
|---|---|
| Full-time Member | National Energy Board |
| Chairperson | Patented Medicine Prices Review Board |
| Member | Patented Medicine Prices Review Board |
| Members | Canada Council for the Arts |
| Citizenship Judges | Citizenship Commission |
| Assistant Privacy Commissioner | Office of the Privacy Commissioner |
| Member | Military Judges Compensation Committee |
| Vice-Chairpersons (full-time and part-time positions) | Military Grievances External Review Committee |
| Members (full-time and part-time positions) | Military Grievances External Review Committee |
Ongoing opportunities
| Position | Organization |
|---|---|
| Full-time and Part-time Members (Appeal Division) | Social Security Tribunal |
| Full-time and Part-time Members (General Division — Income Security Section) | Social Security Tribunal |
| Full-time and Part-time Members (General Division — Employment Insurance Section) | Social Security Tribunal |
| Full-time and Part-time Members | Immigration and Refugee Board |
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