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
23564-05-8  

“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.

Author

Jonathan D. Cocker heads Baker McKenzie’s Environmental Practice Group in Canada and is an active member of the firm's Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environmental and product compliance matters, including extended producer responsibilities, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, and contaminated lands matters. He assisted in the founding of one of North America’s first Circular Economy Producer Responsibility Organizations and provides advice and representation to a number of domestic and international industry groups in respect of resource recovery obligations. Mr. Cocker was recently appointed the first Sustainability Officer of the International Bar Association Mr. Cocker is a frequent speaker and writer on environmental issues and has authored numerous publications including recent publications in the Environment and Climate Change Law Review, Detritus – the Official Journal of the International Waste Working Group, Chemical Watch, Circular Economy: Global Perspectives published by Springer, and in the upcoming Yale University Journal of Industrial Ecology’s special issue on Material Efficiency for Climate Change Mitigation. Mr. Cocker maintains a blog focused upon international resource recovery issues at environmentlawinsights.com.