Vol. 150, No. 19 — September 21, 2016

Registration

SOR/2016-243 September 9, 2016

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2016-112-09-01 Amending the Domestic Substances List

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), makes the annexed Order 2016-112-09-01 Amending the Domestic Substances List.

Gatineau, September 6, 2016

Catherine McKenna
Minister of the Environment

Order 2016-112-09-01 Amending the Domestic Substances List

Amendment

1 Part 5 of the Domestic Substances List (see footnote 1) is amended by adding the following in alphabetical order under the heading “Organisms/Organismes”:

Bacillus amyloliquefaciens

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) amended the Domestic Substances List (DSL) by

  1. adding 19 chemicals and polymers under the Order 2016-87-09-01 Amending the Domestic Substances List; and
  2. adding one living organism under the Order 2016-112-09-01 Amending the Domestic Substances List.

Background

Canadians depend on substances that are used in hundreds of goods from medicines, computers, fabric to fuels. Under the Canadian Environmental Protection Act, 1999 (CEPA), substances (i.e. chemicals, polymers, nanomaterials and living organisms) “new” to Canada are subject to reporting requirements before they can be manufactured or imported. This limits market access until human health and environmental impacts associated with the new substances are assessed and managed where appropriate.

The DSL is an inventory of substances in the Canadian marketplace. Substances that are not on the DSL are considered new to Canada and are subject to notification and assessment requirements before they can be manufactured in or imported into Canada. These requirements are set out in subsections 81(1) and 106(1) of CEPA as well as in the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). These requirements do not apply to substances listed on the DSL.

The DSL was published in the Canada Gazette, Part II, in May 1994 (see footnote 2) and is amended on average 10 times a year to add or delete substances.

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 conditions are met:

1. Order 2016-87-09-01 Amending the Domestic Substances List

The Government assessed information on 19 new chemicals and polymers reported to the New Substances Program and determined that they meet the conditions for their addition to the DSL. These substances have therefore been added to the DSL under this Order.

Objective

The objective of this Order is to comply with the requirements under subsection 87(5) of CEPA by adding 19 substances to the DSL, making them no longer subject to the notification and assessment requirements as set out in subsection 81(1) of CEPA and in the New Substances Notification Regulations (Chemicals and Polymers).

Description

This Order adds a total of 19 substances to the DSL: 9 substances are added to Part 1 of the DSL and 10 substances, to Part 3 of the DSL. To protect confidential business information, 10 of the 19 substances have masked chemical names. (see footnote 4)

2. Order 2016-112-09-01 Amending the Domestic Substances List

The Government assessed information on one new living organism reported to the New Substances Program and determined that it meets the conditions for its addition to the DSL. This living organism has therefore been added to the DSL under this Order.

Objective

The objective of this Order is to comply with the requirements under subsection 112(1) of CEPA by adding one living organism to the DSL, making it no longer subject to the notification and assessment requirements as set out in subsection 106(1) of CEPA and in the New Substances Notification Regulations (Organism).

Description

This Order adds one living organism identified as Bacillus amyloliquefaciens to Part 5 of the DSL.

Consultation

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

Rationale

The Government assessed information on 19 chemicals and polymers and one living organism reported to the New Substances Program and determined that they met the conditions for their addition to the DSL. These substances have therefore been added to the DSL.

The two orders will benefit Canadians by enabling industry to have better access to larger quantities of these substances, which is expected to reduce costs associated with products consumed by Canadians. It is expected that there will be no incremental costs to the public, industry or governments associated with the two orders.

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

The two 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 two orders, as they do not add any administrative or compliance burden to small businesses.

Implementation, enforcement and service standards

The DSL identifies substances that, for the purposes of CEPA, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). Developing an implementation plan or a compliance strategy, or establishing a service standard is not required when adding substances to the DSL.

Contact

Greg Carreau
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