Registration
SOR/2004-216 7 October, 2004

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2004-66-03-03 Amending the Domestic Substances List

Whereas, the Minister of the Environment is satisfied that the substances referred to in the annexed Order were, between January 1, 1984 and December 31, 1986, imported into Canada by a person in a quantity of not less than 100 kg in any one calendar year, meeting the requirement set out in paragraph 66(1)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a);

Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Order 2004-66-03-03 Amending the Domestic Substances List.

Ottawa, Ontario, October 4, 2004

Stéphane Dion
Minister of the Environment

ORDER 2004-66-03-03 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
517-89-5	636-61-3	667-83-4
1333-28-4	1333-84-2	1808-26-0
2277-28-3	8008-99-9	8054-40-8
11042-64-1	11118-33-5	12703-66-1
14434-35-6	15572-79-9	16984-48-8
17090-79-8	25035-04-5	26021-57-8
26155-31-7	26328-11-0	30237-26-4
30953-82-3	52101-01-6	55302-96-0
56265-06-6	58817-05-3	72968-42-4
84012-14-6	84012-17-9	84012-18-0
84012-30-6	84012-32-8	84012-44-2
84082-36-0	84082-54-2	84082-58-6
84082-70-2	84082-79-1	84082-81-5
84540-14-7	84603-56-5	84603-57-6
84603-66-7	84603-69-0	84604-19-3
84625-41-2	84649-72-9	84649-86-5
84650-60-2	84696-04-8	84696-19-5
84696-21-9	84696-43-5	84775-45-1
84775-78-0	84775-89-3	84776-66-9
84787-70-2	84929-27-1	84929-52-2
84961-50-2	85085-65-0	89998-01-6
90028-42-5	90064-13-4	90131-63-8
90147-57-2	90320-37-9	91770-67-1
91770-88-6	130380-97-1

COMING INTO FORCE

2. 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 this publication is to add substances to the Domestic Substances List (DSL) and make consequential deletions from the Non-Domestic Substances List (NDSL).

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), empowers the Minister of the Environment to compile a list of substances, to be known as the DSL, 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, implemented under section 89 of 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.

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 New Substances Notification Regulations 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 New Substances Notification Regulations, (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.

Subsection 87(5) 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 New Substances Notification Regulations and any additional information or test result required under subsection 84(1), (b) the period for assessing the information under section 83 has expired, (c) no condition specified under paragraph 84(1)(a) in respect of the substance remains in effect, and (d) the Minister has received a notice that manufacture or import of the substance has commenced.

Substances added to the DSL, if they appear on the NDSL, are deleted from that List as indicated under subsection 66(3), subsection 87(1) and subsection 87(5) of the CEPA 1999.

Alternatives

CEPA 1999 sets-out a process for updating the DSL in accordance with strict time-lines. Since the substances covered by this Order have met the criteria for addition to the DSL, there is no alternative to their addition.

Similarly, there is no alternative to the NDSL deletions since a substance cannot be on both the NDSL and the DSL.

Benefits and costs

Benefits

This amendment of the DSL will benefit the public, industry and governments, by identifying additional substances and by exempting 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 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 that, for the purposes of CEPA 1999, are not subject to the requirements of the New Substances Notification Regulations. There are no compliance or enforcement requirements associated with the DSL itself.

Contacts

Gordon Stringer
Head
Notification Processing and Controls Section
New Substances Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: (819) 953-9348

Céline Labossière
Senior Economist
Regulatory and Economic Analysis
Economic and Regulatory Affairs Directorate
Environment Canada
Gatineau, 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

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).