136, No. 24 — November 20, 2002

Registration SOR/2002-409 7 November, 2002

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2002-87-09-01 Amending the Domestic Substances List

Whereas the Minister of the Environment has been provided with information under section 81 of the Canadian Environmental Protection Act, 1999 (see footnote a)  in respect of the substances referred to in the annexed Order;

Whereas the Minister of the Environment and the Minister of Health are satisfied that the substances have been manufactured in or imported into Canada by the person who provided the information in excess of the quantity prescribed under the New Substances Notification Regulations;

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances remain in effect;

Therefore, the Minister of the Environment, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote b) , hereby makes the annexed Order 2002-87-09-01 Amending the Domestic Substances List.

Ottawa, Ontario, November 7, 2002

David Anderson

Minister of the Environment

ORDER 2002-87-09-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part 1 of the Domestic Substances List (see footnote 1)  is amended by adding the following in numerical order:

amendments	amendments	amendments	amendments
42884-82-2N	43158-34-5N	56706-11-7N	60941-30-2N
69898-59-5N	95052-33-8N	147732-59-0N	219916-89-9N
259816-91-6N	360564-25-6N	397247-05-1N

2. Part 1 of the List is amended by deleting the following:

68552-94-3T

3. Part 3 of the List (see footnote 2)  is amended by adding the following in numerical order:

modifications	descriptions
12346-7 T	Metalated reaction products of alkoxylated alkene diamine and polyalkenyl succinic anhydride
12623-5 T	Polyisobutenyl succinic anhydride, product with alkylamine
12758-5 T	Alkyl oxirane, ether with [methyloxirane, polymer with oxirane, ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol]
13547-2 N	Polymer reaction of acetic acid ethenyl ester with methyl ester of 2-methyl-2-propenoic acid, 2-methyl-2-propenoic acid, and aryl non-ionic surfactant ester of 2-methylpropenoic acid
14150-2 N	Poly(oxy-1,4-butanediyl), α-hydro-ω-hydroxy-, polymer with 1,4-butanediol, alkylamine, isophorone diisocyanate and toluene diisocyanate
14498-8 N	1,3-Isobenzofurandione, hexahydro-, polymer with 2-alkyl-2-(hydroxymethyl)-1,3-propanediol and 1,6-hexanediol
14700-3 N	1,3-Diisocyanatomethylbenzene, α-hydro-ω-hydroxypoly(oxy-1,4-butanediyl) and polyalkyl substituted carbomonocyclic diisocyanate
15821-8 N	Alkyl methacrylate, polymer with alkyl acrylate, aromatic vinyl monomer, alkyl methacrylate, alkanediol mono methacrylate and alkenoic acid, substituted peroxyacetate initiated
15929-8 N	Fatty acid, polymer with 1,4-butanediol and coco fatty acid
16078-4 N	2-Hydroxyethylpolysaccharide, polymer with N,N-dimethyl-N-2-propenyl-2-propen-1-aminium chloride and 2-propenamide
16119-0 N	Fatty acids, C18-unsaturated, dimers, hydrogenated, polymers with fatty amines and ethylenediamine
16147-1 N	Alkenes, ethylene-manuf.-by-product dicyclopentadiene, conc., polymers with ethylene-manuf.-by-product C5-cut alkene oligomers and tall oil, acid treated, polymers with bisphenol A, p-tert-butylphenol, formaldehyde, fumaric acid, maleic anhydride, pentaerythritol, rosin and 4-(1,1,3,3-tetramethylbutyl)phenol, magnesium salts
16155-0 N	1-Propene, homopolymer, halogenated, grafted with methyl 2-methyl-2-propenoate, butyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-propenoate, 2-methyl-2-propenoic acid, and 2-thylhexaneperoxoic acid, 1,1-dimethylethyl ester
16203-3 N	2-Propenoic acid, butyl ester, polymer with 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2-ropenoate and polyfluoroalkyl 2-propenoate, 4,4'-azobis[4-cyanopentanoic acid]-initiated
16258-4 T	Fatty acids, reaction products with fatty amines

COMING INTO FORCE

4. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The purpose of the publication is to amend the Domestic Substances List (DSL).

Subsection 66(1) of the Canadian Environmental Protection Act, 1999, (CEPA 1999), enacts the Minister of Environment to compile a list of substances, "to be known as the Domestic Substances List", 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 (NSNR), implemented under section 89 of the 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 as orders amending the List.

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 specified in the NSNR and any additional information or test result required under subsection 84(1), (b) the substance was manufactured or imported in excess of the volumes prescribed in the NSNR, (c) the period for assessing the information under section 83 has expired, and (d) no condition specified under paragraph 84(1)(a) in respect of the substance remains in effect.

Alternatives

There are no alternatives to amending the DSL.

Benefits and Costs

Benefits

This amendment of the DSL will benefit the public, industry and governments by identifying additional substances that have been defined as "existing" under CEPA 1999, and that are therefore exempt from all assessment and reporting requirements under section 81 of the 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 the 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 do 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 which, for the purposes of the CEPA 1999, are not subject to the requirements of the NSNR. There are no compliance or enforcement requirements associated with the List itself.

Contacts

Gordon Stringer

A/Head

Notification Processing and Controls Section

New Substances Branch

Environment Canada

Hull, Quebec

K1A 0H3

Telephone: (819) 953-9348

Céline Labossière

Senior Economist

Regulatory and Economic Analysis

Economic and Regulatory Affairs Directorate

Environment Canada

Hull, Quebec

K1A 0H3

Telephone: (819) 997-2377

Footnote a 

S.C. 1999 , c. 33

Footnote b 

S.C. 1999 , c. 33

Footnote 1 

SOR/94-311

Footnote 2 

SOR/94-311

NOTICE:
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