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EXTRA Vol. 139, No. 5
Canada Gazette
Part II
OTTAWA, THURSDAY, JUNE 30, 2005
Registration
SOR/2005-199 June 23, 2005
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2005-87-05-01 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 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 in excess of the quantity prescribed under the New Substances Notification Regulations by the person who provided the information;
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 b), hereby makes the annexed Order 2005-87-05-01 Amending the Domestic Substances List.
Ottawa, June 22, 2005
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Stéphane Dion |
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Minister of the Environment |
ORDER 2005-87-05-01 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 number:
| 25929-04-8 N-P |
154301-52-7 T-P |
| 26984-27-0 N-P |
169320-76-7 N-P |
| 63187-91-7 N |
171966-34-0 T-P |
| 68527-86-6 N |
351498-70-9 T-P |
| 68988-48-7 N-P |
476646-80-7 N-P |
| 124335-09-7 N-P |
612836-83-6 N-P |
| 148262-93-5 N |
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2. Part 2 of the List is amended by adding the following in numerical order:
Column 1
Substance |
Column 2
Significant New Activity for which substance is
subject to subsection 81(3) of the Act |
| 72245-02-4 N-S |
Any activity other than using Amines, tallow alkyl, ethoxylated, 2-ethylhexanoates
(a) as a surfactant component of fire-fighting
formulations for use by municipal and industrial fire departments on Class A and Class B fires, including outdoor wildfires;
(b) for hazardous spill control including as an oil
dispersant;
(c) for soil washing and remediation; and
(d) for devapourization of explosive gases.
The following information must be provided to the Minister, at least
90 days prior to the commencement of the proposed new activity:
(a) a description of the proposed significant new
activity in relation to the substance;
(b) the information specified in Schedule I to the New Substances Notification Regulations;
(c) the information specified in subitems 3(1) to (4) of Schedule II to those Regulations; and
(d) the concentration of the substance in the final product.
The above information will be assessed within 90 days after it is
received by the Minister.
All of the above is as prescribed in Significant New Activity Notice No. 10 280a, published in the Canada Gazette, Part I, page 2672, August 4, 2001. |
| 188627-10-03 N-S |
Any activity involving Siloxanes and Silicones,
di-Me, [[[3-[(2-aminoethyl)amino]-2-ethylpropyl]
methoxymethylsilyl]oxy]- and (C13-15-alkyloxy)
terminated other than for
(a) industrial use as a paper softener in the treatment
of paper tissue if the quantity of the substance used is less than
150 000 kilograms per year, per site of use, and if the effluents
resulting from that use receive secondary or an equivalent wastewater
treatment;
(b) industrial use as a fabric softener in the treatment
of textiles if the quantity of the substance used is less than 25
000 kilograms per year, per site of use, and if the effluents resulting
from that use receive secondary or an equivalent wastewater treatment;
(c) industrial use of the substance in a non-aqueous system
if the substance is not released into wastewater; or
(d) import or distribution for the activities listed in
paragraphs (a) to (c).
The following information must be provided to the Minister, at least
90 days prior to the commencement of the proposed new activity:
(a) a description of the proposed significant new
activity in relation to the substance;
(b) the information specified in Schedule VI to the New
Substances Notification Regulations;
(c) the information specified in subitems 3(1)
to (4) of Schedule VII to those Regulations;
(d) the concentration of the substance in the
final product as a result of the significant new activity; and
(e) the results of an in vivo mammalian mutagenicity
test.
The above information will be assessed within 90 days after it is
received by the Minister.
All of the above is as prescribed in Significant New Activity Notice
No. 12778, published in the Canada Gazette, Part I, page
529, March 6, 2004.
|
| 237753-63-8 |
Any activity involving Alcohols, C13-15, reaction products
with N-[3-(dimethoxymethylsilyl)-2-methylpropyl]-1,2-ethanediamine,
glycidol, and hydroxyterminated di-Me siloxanes other than for
(a) industrial use as a paper softener in the treatment of paper tissue if the quantity of the substance used is less than 150 000 kilograms per year, per site of use, and if the effluents resulting from that use receive secondary or an equivalent wastewater treatment;
(b) industrial use as a fabric softener in the treatment of textiles if the quantity of the substance used is less than 25 000 kilograms per year, per site of use, and if the effluents resulting from that use receive secondary or an equivalent wastewater treatment;
(c) industrial use of the substance in a non-aqueous system if the substance is not released into wastewater; or
(d) import or distribution for the activities listed in paragraphs
(a) to (c).
The following information must be provided to the Minister, at least
90 days prior to the commencement of the proposed new activity:
(a) a description of the proposed significant new
activity in relation to the substance;
(b) the information specified in Schedule VI to the New Substances Notification Regulations;
(c) the information specified in subitems 3(1)
to (4) of Schedule VII to those Regulations;
(d) the concentration of the substance in the
final product as a result of the significant new activity; and
(e) the results of an in vivo mammalian mutagenicity
test.
The above information will be assessed within 90 days after it is
received by the Minister.
All of the above is as prescribed in Significant New Activity Notice No. 12712, published in the Canada Gazette, Part I, page 527, March 6, 2004. |
3. Part 3 of the List is amended by adding the following in numerical order:
| 13104-0 T-P |
Hexanedioic acid, polymer with alkyldiol, 1,4-cyclohexanedimethanol, 2,2-dimethyl-1,3-propanediol, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, hydrazine, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and 2-oxepanone, compd. with N,N-diethylethanamine |
| |
Acide hexanedioïque polymérisé avec un alkyldiol, le 1,4-cyclohexanediméthanol, le 2,2-diméthylpropane-1,3-diol, l'acide 3-hydroxy-2-(hydroxyméthyl)-2-methylpropanoïque, l'hydrazine, le 5-isocyanato-1-(isocyanatométhyl)-1,3,3-triméthylcyclohexane et l'oxépan-2-one, composé avec la N,N-diéthyléthanamine |
| 14066-8 N |
Calcium alkylphenyl ethanoate |
| |
Alkylphényléthanoate de calcium |
| 15274-1 N |
Polyaralkyl aryl surfactant ester of methacrylic acid |
| |
Méthacrylate du surfactant polyaralkyl aryle |
| 15279-6 N-P |
2-Propenoic acid, 2-methyl-, polymer with butyl 2-methyl-2-propenoate, butyl 2-propenoate, N-(1,1-dimethyl-3-oxobutyl)-2-propene derivative, methyl 2-methyl-2-propenoate and 2-propenoic acid |
| |
Acide 2-méthyl-2-propènoïque polymérisé avec le 2-méthyl-2-propénoate de butyle, le 2-propénoate de butyle, un dérivé N-(1,1-diméthyl-3-oxobutyl)prop-2-ène, le 2-méthyl-2-propénoate de méthyle et l'acide 2-propènoïque |
| 16171-7 N |
2,5-Furandione, polymer with oxybis[propanol], substituted alkyl phenylmethyl ester |
| |
Furanne-2,5-dione polymérisé avec l'oxybis[propanol], ester substituéalkylphénylméthylique |
| 17130-3 N |
Aluminum, Et acetoacetate alkoxy complexes |
| |
Complexes éthyl acétoacétate alkoxy d'aluminium |
| 17283-3 N-P |
Alkanedioic acid (2z)-, bis(2-ethylhexyl) ester, polymer with butyl 2-propenoate and ethenyl acetate |
| |
(2z)-Alcanedioate de bis(2-éthylhexyle) polymérisé avec le 2-propénoate de butyle et l'acétate d'éthényle |
| 17298-0 N-P |
Aliphatic polyacrylate |
| |
Polyacrylate aliphatique |
| 17366-5 N-P |
Isocyanic acid, polymethylenepolyphenylene ester, polymer with α-hydro-ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)]
ether with 2-alkyl-2-(hydroxymethyl)-1,3-propanediol (3:1) |
| |
Isocyanate de polyméthylènepolyphénylène polymérisé avec l'α-hydro-ω-hydroxypoly[oxy(méthyléthane-1,2-diyl)] éther avec le 2-alkyl-2-(hydroxyméthyl)propane-1,3-diol (3:1) |
| 17374-4 N |
2-Propenoic acid, telomer with ethenylbenzene and phosphorus salt, compd. with 2,2',2"-nitrilotris[ethanol] |
| |
Acide 2-propènoïque télomérisé avec l'éthénylbenzène et un sel de phosphore, composé avec le 2,2',2"-nitrilotris[éthanol] |
COMING INTO FORCE
4. 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.)
Description
The purpose of this publication is to add substances to the Domestic Substances List (DSL) and make consequential deletions from the Non-Domestic Substances List (NDSL).
Subsection 66(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), empowers the Minister of the Environment to compile a list of substances, to be known as the DSL, 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 Act, the DSL is the sole basis for determining whether a substance is "existing" or "new" to Canada. Substances on the DSL are not subject to the requirements of the New Substances Notification Regulations, implemented under section 89 of CEPA 1999. Substances that are not on the DSL will require notification and assessment, as prescribed by these Regulations, before they can be manufactured in or imported into Canada.
The DSL was published in the Canada Gazette, Part II, in May 1994. However, the DSL is not a static list and is subject, from time to time, to additions, deletions or corrections that are published in the Canada Gazette.
Subsection 87(1) of CEPA 1999 requires the Minister to add a substance to the DSL where, (a) the Minister has been provided with information specified in the New Substances Notification Regulations and any additional information or test result required under subsection 84(1); (b) the substance was manufactured or imported in excess of the volumes prescribed in the New Substances Notification Regulations; (c) the period for assessing the information under section 83 has expired; and (d) no condition specified under paragraph 84(1)(a) in respect of the substance remains in effect.
Subsection 87(5) of CEPA 1999 requires the Minister to add a substance to the DSL where, (a) the Minister has been provided with information specified in the New Substances Notification Regulations and any additional information or test result required under subsection 84(1); (b) the period for assessing the information under section 83 has expired; (c) no condition specified under paragraph 84(1)(a) in respect of the substance remains in effect; and (d) the Minister has received a notice that manufacture or import of the substance has commenced.
Substances added to the DSL, if they appear on the NDSL, are deleted from that List as indicated under subsection 66(3), subsection 87(1) and subsection 87(5) of CEPA 1999.
Alternatives
CEPA 1999 sets out a process for updating the DSL in accordance with strict timelines. Since the substances covered by this amendment have met the criteria for addition to the DSL, there is no alternative to their addition.
Similarly, there is no alternative to the NDSL deletions since a substance cannot be on both the NDSL and the DSL.
Benefits and Costs
Benefits
This amendment of the DSL will benefit the public, industry and governments, by identifying additional substances and by exempting from all assessment and reporting requirements under section 81 of CEPA 1999.
Costs
There will be no incremental costs to the public, industry or governments associated with this amendment of the DSL.
Competitiveness
All nominated substances are added to the DSL if they have been determined to be consistent with the eligibility criteria specified in CEPA 1999. Thus no manufacturer or importer is disadvantaged by this amendment of the DSL.
Consultation
As the content of the notices associated with this amendment does not contain any information that would be subject to comment or objection by the general public, no consultation was required.
Compliance and Enforcement
The DSL identifies substances that, for the purposes of CEPA 1999, are not subject to the requirements of the New Substances Notification Regulations. There are no compliance or enforcement requirements associated with the DSL itself.
Contacts
Ms. Claire Hughes
Acting Head
Notification Processing and Controls Section
New Substances Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: (819) 997-9551
E-mail: claire.hughes@ec.gc.ca
Ms. Céline Labossière
Senior Economist
Regulatory and Economic Analysis
Economic and Regulatory Affairs Directorate
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: (819) 997-2377
E-mail: celine.labossiere@ec.gc.ca
Footnote a
S.C. 1999, c. 33
Footnote b
S.C. 1999, c. 33
Footnote 1
SOR/94-311
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