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New Substances Program Advisory Note 2005-03b
Publication and coming into force of the New Substances Notification Regulations (Chemicals and Polymers) and administrative procedures to follow for notifications submitted before, on or after the coming into force.
This advisory note is to inform manufacturers and importers of chemicals and polymers and other stakeholders of the administrative procedures that will be followed depending on whether a notification is submitted before, on or after the New Substances Notification Regulations (Chemicals and Polymers) coming into force.
The revised New Substances Notification Regulations (Chemicals and Polymers) [NSNR (Chemicals and Polymers)] was published in the Canada Gazette, Part II on September 21, 2005. The Regulations came into force on October 31, 2005.
Notifiers will be subject to the former or revised regime depending on the date when their notification is received by Environment Canada.
Information is presented hereby to facilitate understanding of the next steps for notifiers.
Which situation applies to you?
1. You have never submitted a notification for a substance and you want to submit one on or after October 31, 2005.
- You are subject to the revised quantity triggers and information requirements of the Regulations coming into force on October 31, 2005.
- As an example, if you were planning on submitting a Schedule II for a substance listed on the Non-domestic Substances List (NDSL) at 5000 kg/yr under the original regime, you will be required, on or after October 31, 2005 to submit a Schedule 5 before reaching 10 000 kg/yr.
2. You have submitted a notification for a substance; you have received an acknowledgment letter; and the assessment period ends before October 31, 2005.
- If your notification was a final Schedule (II final, III, VI final, VII or VIII), you are not subject to the revised regime. However, you are required to submit a Notice of Manufacture or Import (NoMI) or a Notice of Excess Quantity (NoEQ) in order to have your substance eligible for listing on the Domestic Substances List (DSL).
- If your notification was not a final Schedule (I, II, IV, V, VI, XI, XII or XIII), please review appendix 1 to determine what additional schedules or information are required in order to have your substance eligible for listing on the DSL. Please note that on October 31, 2005, the quantity triggers were automatically switched to those in the revised regime.
3. You have submitted a notification for a substance before October 31, 2005; and you have received a letter of missing information.
- The information that was missing for this notification is received by Environment Canada before October 31, 2005 and is satisfactory:
- If your notification was a final Schedule (II final, III, VI final, VII or VIII), you are not subject to the revised regime. However, you are required to submit a NoMI or a NoEQ in order to have your substance eligible for listing on the DSL.
- If your notification was not a final Schedule (I, II, IV, V, VI, XI, XII or XIII), please review Appendix 1 to determine what additional schedules or information are required in order to have your substance eligible for listing on the DSL. Please note that on or after October 31, 2005, the quantity triggers will automatically be switched to those in the revised regime; or
- The information that was missing for this notification is received by Environment Canada before October 31, 2005 but is not satisfactory or the missing information is received on or after October 31, 2005:
- In both of these cases, the notification will be returned to you. In order to comply with the Regulations, you will have to resubmit the notification as per the quantity triggers and information requirements prescribed in the revised regime coming into force on October 31, 2005.
4. You have submitted a notification for a substance; you have received an acknowledgment letter; and the assessment period ends on or after October 31, 2005; or your notification is subject to an extension which ends on or after October 31, 2005;
- No suspicion of toxicity is determined for your substance: Please review appendix 1 to determine if additional schedules or information may be required in order to have your substance eligible for listing on the DSL;
- No suspicion of toxicity is determined for your substance but a Significant New Activity (SNAc) notice will be published on the substance for activities related to the substance and will require additional information requirements if a person proposes a significant new activity set out in the SNAc notice: This additional information will refer to requirements prescribed in the Regulations coming into force on October 31, 2005. Please review appendix 1 to determine if additional schedules or information may be required in order to have your substance eligible for listing on the DSL.
- If it is determined that your substance is suspected of being toxic or capable of being toxic, risk management measures as per section 84 of the Canadian Environmental Protection Act, 1999 will apply.
Contact Information
New Substances Notification Information Line
Notification and Client Services Division
New Substances Branch
Risk Assessment Directorate
Environment Canada
Place Vincent Massey, 14th Floor
Gatineau QC K1A 0H3
Telephone: 1-800-567-1999 (toll-free in Canada)
1-819-953-7156 (outside Canada)
Facsimile: 1-819-953-7155
E-mail: nsn-infoline@ec.gc.ca
For additional information or documentation regarding the NSNR, please consult the accompanying information sheet or visit the New Substances Web Site at (http://www.ec.gc.ca/substances).
Original signed by
Bernard Madé
Acting Director
New Substances Branch
Environment Canada
Signed on January 19, 2006
Appendix 1 - Information requirements and quantity triggers before, on or after October 31, 2005
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