Advance notice for 25 chemicals

Summary#

Order 2020-87-21-01 Amending the Domestic Substances List uses the Canadian Environmental Protection Act, 1999 to add rules that require advance notice for certain new activities involving 25 chemical substances. The Order took effect on February 25, 2021 and requires anyone proposing a covered new activity to tell the government and supply information ahead of time.

What it does#

• Applies the "significant new activity" (SNAc) rules on 19 pesticide-related substances and updates SNAc rules for 6 others. This means the government must be notified before certain new uses start.
• Sets the standard notification trigger at any activity that involves more than 100 kg of a listed substance in one calendar year.
• Requires a Significant New Activity Notification (SNAN) to be submitted at least 90 days before the new activity begins, and the government will assess the information within 90 days after it is received.
• Keeps uses that are already regulated under the Pest Control Products Act (and other acts on CEPA’s Schedule 2) outside the notification requirement.
• Adds one specific exception: for one listed substance, use in a cleaning product at concentrations ≤ 5% by weight is not a significant new activity unless the total is 10 000 kg or more in a year.
• Amends the Domestic Substances List so that some chemicals are moved or re-listed with the new SNAc wording and information requirements.

Who's affected#

• Manufacturers, importers, formulators and users of the listed chemicals who want to start new or expanded activities not already regulated as pesticides. Examples in the list include substances commonly known as creosote, chlorpyrifos, diazinon, pyrethrins/pyrethroids, and 2,4‑D.
• Researchers or companies planning to manufacture, import or use these substances in new ways (including research‑use, site‑limited intermediates, or contained export-only uses) at quantities above 100 kg per year.
• Environment and Climate Change Canada and Health Canada, which will receive and assess the notifications and may require further risk management.
• It is unclear whether small businesses will be affected; the Order does not change current, pesticide‑regulated activities but could add reporting costs if they pursue new activities.

Why it matters#

• The change gives the government a formal chance to review and manage risks before new or expanded uses of these chemicals begin. That helps reduce the chance that a new use could raise exposures harmful to people or the environment.
• For most current pesticide uses, nothing changes—those stays regulated under existing laws. But companies planning new uses may need to plan for extra time and possible testing or data‑collection costs to prepare a SNAN.
• The rule aims to balance allowing useful chemical uses while keeping a safety check on activities that could increase exposure.