REGULATORY ALERT – Notice of Intent of the Government of Canada to Remove 83 substances from the Non-domestic Substances List
What’s Happening?
The NDSL is an inventory of substances that are not on the Domestic Substances List (DSL) but are accepted as being in use internationally. The NDSL is based on the United States Environmental Protection Agency (USEPA)’s Toxic Substances Control Act (TSCA) Chemical Substances Inventory. Substances that are not on the DSL but are listed on the NDSL are subject to the New Substances Notifications Regulations (Chemicals and Polymers) (the Regulations). However, substances on the NDSL are subject to fewer information requirements.
On 23 September 2017, the Government of Canada published a Notice of Intent to remove 83 substances from the Non-domestic Substances List (NDSL).
How Could it Impact Me?
Under the New Substances Notification Regulations (Chemicals and Polymers) (the Regulations) and section 81 of the Canadian Environmental Protection Act, 1999, any “person” manufacturing or importing a new substance into Canada (notifier) must provide a New Substances Notification (NSN) package to the New Substances program. This NSN package must contain all information specified in the Regulations.
The notifier is responsible for complying with the Regulations, and must submit the appropriate NSN package corresponding to the manufactured or imported quantities of the substance triggering the requirement. Substances not on the DSL listed on the NDSL are subject to the Regulations. However, substances on the NDSL are subject to fewer information requirements.
The removal of these substances means that:
- If you are a manufacturer or importer of one of these removed substances you will see your annual volume reduced from 1000 kg per calendar year to 100 kg per calendar year. A NSN package would then be required by the Government five days before exceeding this revised volume.
- If you are a manufacturer or importer of one of these removed substances you will now be required to submit a Schedule 11 Notification instead of a Schedule 10. The Schedule 11 has more testing requirements. Therefore, a NSN package would be required 60 days before exceeding 10,000 kg per calendar year.
Quick Summary
Environment and Climate Change Canada has initiated a review of substances on the NDSL to assess if human health or environmental concerns had been raised for these substances in Canada, the United States, or under the Stockholm Convention on Persistent Organic Pollutants or the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Risk management controls imposed by other jurisdictions can signal potential concerns in Canada, and, as such, merit more stringent reporting requirements (i.e., the same requirements as new substances not listed on the NDSL). Moving forward, the Government of Canada will perform an annual review to identify substances that may potentially be of concern and to propose their removal from the NDSL.
Contact Us
knoell USA, LLC, can help you determine your company’s obligations under the Regulations. We can also provide your company with periodic updates and assist you in positioning your company to address future regulatory requirements. Critical Path Services can provide representatives of your company with a free consultation to discuss the major changes enacted by the new law and how these changes could affect your business.
References and Related Documents
The Canadian Environmental Protection Act, 1999
The New Substances Notifications Regulations (Chemicals and Polymers)
The list of substances removed from the NDSL published in the Canada Gazette, Part I
Guidance document for the Notification and Testing of New Substances (Chemicals and Polymers)