14 Substances Added to Domestic List

Summary#

Order 2020-87-03-01 Amending the Domestic Substances List adds 14 chemical substances to the Domestic Substances List under the Canadian Environmental Protection Act, 1999. The Order took effect on January 30, 2020. Two of those substances remain subject to special reporting rules before certain new uses are started, because of possible skin-sensitizing effects.

What it does#

• Adds 14 substances to the Domestic Substances List.
  • 8 by Chemical Abstracts Service (CAS) number (Part 1).
  • 4 by masked name and confidential accession number (Part 3).
  • 2 by masked name and confidential accession number with maintained Significant New Activity (SNAc) rules (Part 4).
• Removes these substances from routine “new substance” notification requirements, so they are no longer treated as new under the New Substances Notification Regulations (Chemicals and Polymers) for ordinary uses.
• Keeps SNAc (advance notification) requirements for two specific substances because of potential skin-sensitization concerns. For those two substances:
  • Notification is required before using them in a consumer product or a cosmetic when the substance is present at 1% by weight or more, or when use would exceed 10 kg in a calendar year.
  • A person proposing such a new use must notify the minister at least 90 days before starting and supply specified information, including skin-sensitization and repeated-dose dermal toxicity test data following Organisation for Economic Co‑operation and Development (OECD) test methods (including Test No. 429 and Test No. 410) and good laboratory practice.
• Some uses are excluded from notification, for example approved pest-control or fertilizer uses, export-only products, and certain research or site-limited intermediate activities.

Who's affected#

• Companies that manufacture, import or use the 14 listed substances in Canada.
• Makers of consumer products and cosmetics that might contain the two SNAc substances at or above 1% by weight, or in quantities above 10 kg per year.
• Laboratories and firms that would need to run or provide the required toxicity and sensitization tests if they propose a significant new use.
• Businesses currently using these substances for existing, covered activities are not required to re-notify; the SNAc rules apply to new, significant uses only.
• Export-only manufacturers and certain R&D or site-limited intermediate users are specifically excluded from the advance-notification rules.

Why it matters#

• Being added to the Domestic Substances List generally makes it easier for businesses to keep using or importing these substances because they are no longer treated as “new” under the New Substances rules.
• At the same time, keeping SNAc rules for two substances means the government will get advance notice and test data before those chemicals are used in larger amounts or in consumer-facing products. That provides an extra safety check because those two substances may cause skin sensitization.
• For companies planning new consumer or cosmetic uses of those two substances, expect extra time and testing costs (and a minimum 90-day lead time) before the activity can proceed.