Substance Import Conditions and List Amendments

Summary#

This issue of the Canada Gazette contains several Environment Department notices that change how a few chemical substances are regulated in Canada. It rescinds two previous import permissions for a bentonite-containing substance because its use is regulated under the Pest Control Products Act, creates new conditions for importing or making a specific fluorinated sulfonic acid, and amends the Non‑domestic Substances List by removing four CAS numbers.

What it does#

• Rescinds Ministerial Condition No. 19317 and Ministerial Condition No. 20267, which had previously allowed the import of bentonite, lanthanian (CAS 302346-65-2). The rescissions were made after officials learned the substance is being imported for a use covered by the Pest Control Products Act.
• Issues Ministerial Condition No. 21574 to allow the manufacture or import of 1‑octanesulfonic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8‑tridecafluoro‑ (CAS 27619-97-2) but only under a list of conditions in an annex. Key points in those conditions:
  • The named notifier must give the government notice at least 120 days before starting manufacture in Canada and provide detailed technical and site information.
  • Immediate action and notification are required if the substance is accidentally released to the environment.
  • The notifier must inform anyone who receives the substance about these conditions and keep records of uses, quantities, and transfers for at least five years.
  • These conditions came into force on July 25, 2023.
• Makes Order 2023-87-08-02 Amending the Non‑domestic Substances List by deleting the CAS numbers 6920-22-5, 18297-63-7, 51728-26-8, and 141091-65-8 from Part I of the list. The Order’s effective date is tied to when a separate Domestic Substances List order comes into force (that date is not stated in this notice).

Who's affected#

• Companies that import or manufacture bentonite, lanthanian (CAS 302346-65-2), especially if they use it in pest‑control products — those uses will now be handled under the Pest Control Products Act rather than the New Substances rules under CEPA.
• The notifier named in the Ministerial Condition for 1‑octanesulfonic acid (the party that filed information with the government) and any businesses that would receive, import, or make that substance in Canada. They must follow the reporting, record‑keeping, and release-response rules in Ministerial Condition No. 21574.
• Businesses and labs that work with the four CAS numbers removed from the Non‑domestic Substances List, because the regulatory status and related notification requirements for those chemicals may change depending on the matching Domestic Substances List action.

Why it matters#

• Moving the bentonite entry out of CEPA notification and into the Pest Control Products Act framework shifts oversight to pesticide regulation. That can change what permission, testing, or approvals are needed for those imports and uses.
• The new conditions on the fluorinated sulfonic acid show the government suspects potential harm and wants stricter controls: advance notice, tighter record keeping, and immediate reporting of releases. That can affect costs and procedures for the companies involved and those in their supply chains.
• Deleting substances from the Non‑domestic Substances List can affect when and how companies must notify the government about new or imported chemicals. The notice ties the effective date to another government action, so businesses should watch for that follow-up order to know exactly when the changes take effect.