Removal of 736 substances from the Non-domestic Substances List

22 March, 2017

What’s Happening?

The NDSL is an inventory of substances that are not on the Domestic Substances List (DSL) but are accepted as being in use internationally. The NDSL is based on the United States Environmental Protection Agency (USEPA)’s Toxic Substances Control Act (TSCA) Chemical Substances Inventory. Substances that are not on the DSL but are listed on the NDSL are subject to the New Substances Notifications Regulations (Chemicals and Polymers) (the Regulations). However, substances on the NDSL are subject to fewer information requirements.

On March 4, 2017, the Government of Canada published the removal of 736 substances from the Non-domestic Substances List (NDSL).

How Could it Impact Me?

Under the New Substances Notification Regulations (Chemicals and Polymers) (the Regulations) and section 81 of the Canadian Environmental Protection Act, 1999, any “person” manufacturing a new substance in or importing a new substance into Canada (notifier) must provide a New Substances Notification (NSN) package to the New Substances program. This NSN package must contain all information specified in the Regulations.

The notifier is responsible for complying with the Regulations, and must submit the appropriate NSN package corresponding to the quantities of the substance triggering the requirement that is being manufactured or imported. Substances that are not on the DSL but are listed on the NDSL are subject to the Regulations. However, substances on the NDSL are subject to fewer information requirements.

The removal of these substances, however, means that
 

  • If you are a manufacturer or importer of one of these removed substances, that meet the definition of a chemical in Canada, you will see your quantity triggers reduced from 1 000 kg per calendar year to 100 kg per calendar year. A NSN package would then be required by the Government five days before exceeding this revised volume.
  • If you are a manufacturer or importer of one of these removed substances, that meets the definition of a polymer in Canada, you will now be required to submit a schedule 11 notification instead of a Schedule 10. The Schedule 11 has more testing requirements. Therefore, a NSN package would be required 60 days before exceeding 10,000 kg per calendar year.

Quick Summary

The Government of Canada had a review of substances on the NDSL to assess if risk management controls had been developed for these substances in the United States and internationally. The Government identified substances that may potentially be of concern and removed them from the list. Risk management controls imposed by other jurisdictions can signal potential concerns in Canada and as such merit more stringent reporting requirements (i.e. the same requirements as new substances not specified on the NDSL).

The international risk management controls considered in the review included those imposed by the United States’ Environmental Protection Agency, including draft Significant New Use Rules.

Contact Us

Critical Path Services, LLC, can help you determine your company’s obligations under the New Substances Notifications Regulations (Chemicals and Polymers). We can also provide your company with periodic updates and assist you in positioning your company to address future regulatory requirements. Critical Path Services can provide representatives of your company with a free consultation to discuss the major changes enacted by the new law and how these changes could affect your business.

Elizabeth Dederick
Elizabeth.dederick@criticalpathservices.com
+1-610-558-3001, Extension 102

Dan Bastien
Dan.bastien@criticalpathservices.com
+1-819-639-3770

References and Related Documents

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Elizabeth Dederick, Ph.D. Vice President, Industrial Chemicals and Biocides
+1 610 558 3001 Ext. 102 +1 610 558 6025 send mail