No Quarter Given- New Activity Notifications Coming for 25 Additional Substances in Canada

Environment Canada has published a Notice of Intent to further amend the Domestic Substances List to mandate that the following 25 substances (identified by CAS number) be subject to new (or additional) Significant New Activity pre-import/manufacture notification obligations:

72-43-5 87-86-5 1582-09-8
1897-45-6 1912-24-9 3691-35-8
51-03-6 62-73-7 76-06-2
87-90-1 88-30-2 94-75-7
133-06-2 133-07-3 333-41-5
584-79-2 2921-88-2 8001-58-9
8003-34-7 10453-86-8 10605-21-7
12069-69-1 13356-08-6 20543-04-8

“Activities” with these substances in excess of 100 kg per year in Canada will be subject to the following notification requirement under the New Substances Notification Regulations (Chemicals and Polymers) NSNR, no later than 90 days prior to the day the 100 kg activity threshold is met:

  • a description of the proposed “significant new activity”;
  • Schedule 4 of the NSNR information, including environment and human health hazard assessment and disclosures of the substance regulation elsewhere; and
  • historical and current exposure risks.

The Notice of Intent was issued on November 12th, 2016, commencing a final 60 day comment period for industry. Submissions may be made to Program Development and Engagement Division of Environment Canada.

With these additional substances newly subject to the NSNR, this brings the total number of substances mandated for notification close to 500.

Jonathan D. Cocker heads the Firm’s Environmental Practice Group in Canada and is an active member of firm Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environment, health and safety matters, including product content, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, extended producer responsibilities and contaminated lands matters. He appears before both EHS tribunals and civil courts across Canada. Mr. Cocker is a frequent speaker and writer on EHS matters, an active participant on EHS issues in a number of national and international industry associations and the recent author of the first edition of The Environment and Climate Change Law Review (Canada chapter) and the upcoming Encyclopedia of Environmental Law (Chemicals chapter).