Environment Canada Issues Mandatory Information Request for 850 Chemical Substances

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On June 24, 2023, the Science and Risk Assessment Directorate of Environment Canada published a notice in the Canada Gazette, the Canadian equivalent of the United States Federal Register, that enumerated a mandatory information request for 850 chemical substances for the purpose of assessing whether these substances are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control or the manner in which to control the listed substances under the  Chemicals Management Plan — 2023. The notice details the information that manufacturers, importers, and users of the identified substances will be required to submit.

These 850 substances at issue are divided into four categories:

  • Part 1: Substances for which reporting is required if manufacture, import, or use is 100 kg or more;
  • Part 2: Substances for which reporting is required if manufacture, import, or use is 1,000 kg or more;
  • Part 3: Substances for which reporting is required if import and use for a specific application(s) is 100 kg or more; and
  • Part 4: Substances for which reporting is required if manufacture, import, and use “with additional use activity” is 100 kg or more.

In the notice, Environment Canada grouped reporting requirements by threshold, concentration, and intended use. Reporting is required for substances present at a concentration greater than or equal to 0.1 percent in a mixture or product. In addition, reporting is required for substances present in certain manufactured items (defined as items that are formed into a specific physical shape or design during manufacture and have, for their final use, a function or functions dependent in whole or in part on its shape or design) including products:

  • Intended to be used by or for children under the age of 14 years;
  • Intended to come into contact with the mucosa of an individual other than eyes;
  • Intended to release the substance during conditions of use such that the substance may be inhaled or come into dermal contact with an individual;
  • Present in cookware or cooking or serving utensils;
  • Present in food packaging material;
  • Present in clothing or footwear;
  • Present in bedding, sleeping bags, or towels;
  • Present in some furniture, mattresses, cushions, or pillows; and
  • Present in some flooring materials.

Reporting is not required for substances covered by other regulations, including substances that is or is contained in:

  • A pest control product registered under the Pest Control Products Act
  • A fertilizer or supplement registered under the Fertilizer Act
  • A feed registered under the Feeds Act

Additionally, there are exemptions for tetrachloroethylene used in specific situations, such as solvent degreasing and used in dry cleaning. Substances solely in transit through Canada will also be exempt.

Information required includes the concentration, or range of concentrations, of the substance by in goods, where applicable; substance functions; information on commercial and consumer, including use by children; and the title(s) of any unpublished data or studies related to the substance that has not already been provided to the Government of Canada.

Responses are due by January 17, 2024, and must be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window.