Memorandum to Stakeholders

Re: Listing of other Federal Acts and Regulations in the Canadian Environmental Protection Act, 1999, in Schedules 2 and/or 4

The purpose of this memorandum is to inform you that the Governor in Council published a notice including a List of Acts and Regulations to be added to Schedules 2 and/or 4 of the Canadian Environmental Protection Act, 1999 (CEPA, 1999). This notice was published in the Canada Gazette, Part II (available in most public libraries and on the internet at http://canadagazette.gc.ca on August 29, 2001. This list was previously published as a proposal in the Canada Gazette, Part 1 on February 10, 2001 for a 60 day public comment period. Comments were received and the Government’s response to them are summarized in the Regulatory Impact Analysis Statement (RIAS) in the notice published on August 29 in Canada Gazette Part II. The legal provisions that authorize the Schedules in CEPA 1999, will come into force on September 13, 2001.

The following Acts and Regulations will be added to Schedule 2 (Chemicals and polymers new substances) and 4 (animate products of biotechnology) of CEPA, 1999:

Schedule 2 (chemicals and polymers):

• Pest Control Products Act & Pest Control Products Regulations
• Feeds Act & Feeds Regulations
• Fertilizers Act & Fertilizers Regulations

Schedule 4 (animate products of biotechnology):

• Pest Control Products Act & Pest Control Products Regulations
• Feeds Act & Feeds Regulations
• Fertilizers Act & Fertilizers Regulations
• Seeds Act & Seeds Regulations
• Health of Animal Act & Health of Animals Regulations (veterinary biologics)

The Listing of these Acts and Regulations in CEPA, 1999 makes it clear that they meet the CEPA exemption criteria laid out in sub sections 81(6) and 106(6). These criteria require that, prior to their manufacture, import or sales, new substances are notified and assessed to determine whether they may pose a risk to human health and the environment. Consequently, assessments conducted for uses covered under the listed Acts and Regulations will not be duplicated under CEPA.

For more information and a listing of CEPA-equivalent Acts (Schedules 2 and 4), please visit the Environment Canada CEPA Registry website or the New Substances Division website

Yours sincerely,