Environment Canada published a notice on March 4, 2006 in the Canada Gazette, Part I, pursuant to paragraph 71(1)(a) and (b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The Notice with Respect to Selected Substances identified as Priority for Action requires companies who manufactured or imported more than 100 kilograms of listed substances to provide information on activities no later than June 22, 2006. The Notice requires submission of data regarding the presence of listed substances in the Canadian market and associated industry sectors.

Substances covered by this Notice have been identified, through categorization of the Domestic Substances List (DSL), to have potential for hazard to the environment or human health or as representing greatest potential for human exposure; or as substances of emerging concern and international interest. The hazard potential was determined based upon criteria for “inherently toxic” to humans, or properties of persistence, bioaccumulation and aquatic toxicity (PBiT). A need for action was identified as a result of the properties exhibited by these substances. An electronic list of substances can be obtained by contacting the DSL surveys co-ordinator at the address listed below.

Preliminary research has indicated that a high percentage of these substances may no longer be manufactured or imported in Canada. One of the goals of the survey is to identify substances which were not in commerce during the 2005 calendar year. Confirmation of substances not currently in commerce in Canada will allow government to ensure that post-categorization efforts are focused on substances with potential for release into the Canadian environment.

The second major goal is to identify companies having current activity with any of these substances, to allow for follow-up, where necessary, to gather more detailed information including use-pattern information which will allow for the prioritization of future assessment and/or risk management activities. Future detailed data collection regarding these substances will be designed taking into consideration the level of activity and sectors identified in the responses to the Notice.

The information gathered pursuant to the Notice will be used, along with other data sources, to inform current and future risk assessment and risk management activities conducted under the Canadian Environmental Protection Act, 1999.

If your company was not engaged, during the calendar year 2005, in the activities described in the Notice, please complete the Declaration of Non-Engagement form and return the signed document to the address listed below. By completing this declaration, you will not receive reminder letters or additional information requests associated with this notice.

A Stakeholder Identification section has been added as a new element of the Declaration of Non-Engagement. Companies that do not meet the requirements to respond to the Notice, but have an interest in future activity regarding specific substances, may identify themselves as a stakeholder and identify the substances of interest. Stakeholders may be contacted for further information on your activity/interest in these substances.

CEPA Section 71 Data Gathering

Previous Section 71 Notices for screening assessments

• Notice with respect to certain perfluoroalkyl and fluoroalkyl substances, January 15, 2005
• Notice with Respect to Certain Substances on the Domestic Substances List November 17, 2001

For more information please contact: