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Vol. 140, No. 23 — November 15, 2006
Registration CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2006-66-08-01 Amending the Domestic Substances List Whereas the Minister of the Environment is satisfied that the substance referred to in the annexed Order was, between January 1, 1984 and December 31, 1986, imported into Canada by a person in a quantity of not less than 100 kg in any one calendar year, meeting the requirement set out in paragraph 66(1)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a); Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Order 2006-66-08-01 Amending the Domestic Substances List. Ottawa, October 25, 2006
Rona Ambrose
ORDER 2006-66-08-01 AMENDING THE DOMESTIC SUBSTANCES LIST AMENDMENT 1. Part 1 of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order: 2174-16-5 COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Orders.) 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 (Chemicals and Polymers), made 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 in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1); (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of (i) 1 000 kg in any calendar year, (ii) an accumulated total of 5 000 kg, or (iii) the quantity prescribed for the purposes of this section; (c) the period for assessing the information under section 83 has expired; and (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain 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 any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information; (b) the period for assessing the information under section 83 has expired; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect. 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 Order 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 them 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 (Chemicals and Polymers). There are no compliance or enforcement requirements associated with the DSL itself. Contacts
Gordon Stringer
Peter Sol
S.C. 1999, c. 33 S.C. 1999, c. 33 SOR/94-311 |
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