Cost Recovery

Status of the New Substances Fees Regulations

May 9, 2002

Current Status

The New Substances Fees Regulations initiative proposes the implementation of a partial cost recovery scheme for the assessment and notification processes of the New Substances Notification Regulations (NSNR).

Cost recovery, which was recommended following Environment Canada’s 1995 Program Review, will improve efficiency and equity by charging fees to clients or beneficiaries who benefit from services provided by the New Substances Program beyond those enjoyed by the general public.

In implementing a cost recovery scheme for the New Substances Program, Canada follows suit to a number of European Union countries, Australia, and the United States.

Publication in Canada Gazette, Part I

The proposed New Substances Fees Regulations were pre-published in Canada Gazette, Part 1, on June 30, 2001, for a 60-day public comment period ending August 29, 2001.

An advisory note advising of the 60-day comment period was also published.

Both documents can also be found on the CEPA Environmental Registry Web site.

Outcome of 60-Day Comment Period and Environment Canada’s Response

Comments on the proposed Fees Regulations were received from several industry stakeholders.

Comments received included a Notice of Objection and a request that a Board of Review be established. The Minister of the Environment chose not to establish a Board of Review as this is not an appropriate mechanism under the Canadian Environmental Protection Act, 1999 (CEPA 1999) to address matters of cost recovery.

Another concern raised by some stakeholders involves the impact of the proposed Fees Regulations on notifiers whose products normally require assessment under Federal Acts other than CEPA, and who are now temporarily subject to the New Substances Notification Regulations under CEPA, 1999. Environment Canada is currently considering revisions to the proposed New Substances Fees Regulations.

Next Steps

Environment Canada’s response to the above and other comments from stakeholders, as well as next steps, will be posted on this Web site.

A Guide to the Fees Regulations will be made available to assist notifiers in understanding the regulations and in determining the applicable fee for a notification assessment.

For more information please contact the New Substances Division at
1-800-567-1999, or by fax at 819-953-7155.