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ARCHIVED - CEPA 1999 Annual Report for April 2008 to March 2009

5. Controlling Toxic Substances (Part 5)

Part 5 of the Act includes specific requirements for the assessment and management of substances currently existing in commerce (substances on the Domestic Substances List) or being released to the environment in Canada and substances that are new to Canada.

CEPA 1999 introduced a requirement for the Government to sort through, or "categorize," the substances on the Domestic Substances List (DSL). The categorization process identified substances that

  • were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) and/or bioaccumulative (collect in living organisms and end up in the food chain); or
  • present the greatest potential for exposure to Canadians.

As a result of the September 2006 completion of the categorization exercise, the Ministers identified approximately 19 000 substances that needed no further action at that time and approximately 4300 chemical substances that needed further attention, such as screening assessments, research, or measures to control the use or release of the substance. These 4300 substances are being managed under the Government's Chemicals Management Plan, which was launched in December 2006. Activities under the Chemicals Management Plan include risk assessment, risk management, research and monitoring/surveillance.

5.1 Existing Substances

Through the Existing Substances Program, the Ministers jointly identify, prioritize, assess and manage the risks resulting from exposure to existing substances, which are listed on the DSL. Note that the DSL includes mostly chemicals but also includes about 45 living organisms (all micro-organisms); reporting on living organisms is included in Part 6 of this report.

5.1.1 Risk Assessment

Through the Challenge under the Chemicals Management Plan, the Government committed to address the 200 highest priority substances. These 200 substances have been divided up into a number of smaller groups or "batches" that are being addressed sequentially. Each batch of substances in the Challenge progresses through various information-gathering, screening assessment, management and regulatory stages. Every three months, a batch of 12 to 20 substances is launched by publishing the names of these substances in the Canada Gazette, Part 1, for a six-month call for information.

As of March 31, 2009, 9 of the 12 batches under the Chemicals Management Plan Challenge had been launched, and draft or final assessment decisions had been published for the 88 substances in Batches 1 through 5. Appendix C lists the assessment decisions for individual substances in Batches 1 through 5.

Other types of risk assessments were also conducted on various other existing substances. In 2008-2009, draft or final assessment decisions were published for a total of 251 existing substances or groups of substances, including those under the Challenge. Table 4 provides a summary of these decisions.

Table 4: Summary of existing substance assessment decisions published from April 2008 to March 2009
Substance or Number of SubstancesBatch Launch DateType of AssessmentMeets s.64 CriteriaProposed MeasureDraft NoticeFinal Notice
15 Chlorinated paraffinsn/aPSL1 follow-upYesAdd to Schedule 1 for all and VE for some 30-Aug-08
145 Substances on the DSL but no longer in commercen/aRapid screeningNoSNAc and NFA 7-Jun-08
Aluminum chloride, aluminum nitrate and aluminum sulphaten/aPSL2NoNFA7-Feb-09 
Decabromodiphenyl ethern/aEcological State of the ScienceYes (already on Schedule 1)Consider when developing new measures for PBDEs28-Mar-09 
15 Substances3-Feb-07Screening - Batch 1Yes for 9 substances; no for 6 substancesAdd to Schedule 1 for 9 substances, including VE for 1 substance; NFA for 6 substances 5-Jul-08
17 Substances12-May-07Screening - Batch 2Yes for 9 substances; no for 8 substancesAdd to Schedule 1 for 9 substances, including VE for 1 substance; NFA for 8 substances17-May-08, 23-May-08 and 19-Apr-0818-Oct-08 and 31-Jan-09
19 Substances18-Aug-07Screening - Batch 3Yes for 4 substances; no for 15 substancesAdd to Schedule 1 for 4 substances; NFA for 15 substances, including SNAcs for 4 substances23-Aug-087-Mar-09
18 Substances17-Nov-07Screening - Batch 4Yes for 3 substances, including 1 for VE; no for 13 substances; screening assessments needed for 2 substances 24-Jan-09 
19 Substances16-Feb-08Screening - Batch 5Yes for 2 substances; no for 17 substancesAdd to Schedule 1 for 2 substances; NFA for 17 substances, including SNAcs for 2 substances21-Feb-09 
18 Substances31-May-08Screening - Batch 6    
14 Substances31-Aug-08Screening - Batch 7    
14 Substances31-Jan-09Screening - Batch 8    
17 Substances14-Mar-09Screening - Batch 9    

NFA = no further action
PSL1 = First Priority Substances List
PSL2 = Second Priority Substances List
SNAc = Significant New Activity Notice
VE = virtual elimination

Another key element of the Chemicals Management Plan is the Petroleum Sector Stream Approach, which includes approximately 160 petroleum substances that are considered high priority. These substances were set aside from the Challenge process. In 2008-2009, data were collected on toxicology, environmental fate, exposure, manufacture, import and use. Screening assessments of the petroleum substances have commenced and information has been collected on existing regulatory and non-regulatory tools for these substances to inform any additional measures that may be needed.

5.1.2 Risk Management Addition of Substances to Schedule 1

Table 5 lists the substances or groups of substances that were proposed to be added to Schedule 1 of CEPA 1999 (the List of Toxic Substances) in 2008-2009. No substances were added to Schedule 1 from April 2008 to March 2009.

Table 5: Proposed orders adding substances to Schedule 1 of CEPA 1999 from April 2008 to March 2009
SubstanceDraft Order
15 Chlorinated paraffins30-Aug-08
Propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl] ethylamino]-2-methylphenyl]methylene]-20-Sep-08
Toluene diisocyanates (three substances)20-Sep-08 Significant New Activity Notices

In 2008-2009, Notices of Intent to apply Significant New Activity Notices were published for 13 substances and final Orders were published for 148 substances (Table 6). A person who intends to use, manufacture or import any of these substances for a significant new activity in quantities exceeding 100 kg/year must provide prescribed information to assess the substance prior to its use, manufacture or import.

Table 6: Significant New Activity Notices for existing substances from April 2008 to March 2009
SubstanceDraft NoticeFinal Order
145 Persistent, bioaccumulative and inherently toxic substances but no longer in Canadian commerce 25-Jun-08
1-Propanaminium, 3-[[4-[(2,4-dimethylphenyl)amino]-9,10-dihydro-9,10-dioxo-1-anthracenyl]amino]-N,N,N-trimethyl-, methyl sulfate23-Aug-0818-Mar-09
2-Butanone, 4-[[[1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-1-phenanthrenyl]methyl](3-oxo-3-phenylpropyl)amino]-, [1R-(1α,4aβ,10aα)]-24-Jan-09 
9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts24-May-08 
9,10-Anthracenedione, 1-[(5,7-dichloro-1,9-dihydro-2-methyl-9-oxopyrazolo[5,1-b]quinazolin-3-yl)azo]-23-Aug-0818-Mar-09
9,10-Anthracenedione, 1-amino-4-(phenylamino)-23-Aug-0818-Mar-09
Adenosine, N-benzoyl-5'-O-[bis(4-methoxyphenyl)phenylmethyl]-2'-deoxy-24-Jan-09 
Amines, C18-22-tert-alkyl, ethoxylated24-Jan-09 
Benzamide, 3,5-dichloro-N-(3,4-dichlorophenyl)-2-hydroxy-24-Jan-09 
Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl) bis(imino-4,1-phenyleneoxy)]bis-, disodium salt24-May-08 
Benzenesulfonic acid, 2,2'-[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt24-May-08 
Benzoic acid, 2-[(3,5-dibromo-4-hydroxyphenyl)(3,5-dibromo-4-oxo-2,5-cyclohexadien-1-ylidene)methyl]-, ethyl ester24-Jan-09 
Ethanol, 2-[[4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]methylamino]-21-Feb-09 
Ethanol, 2-ethoxy-, acetate7-Mar-09 Changes to the Domestic Substances List

By Ministerial Order published on June 25, 2008, 534 substances were deleted from the DSL, as they did not meet the statutory criteria for inclusion in the List. On the same date, 531 of the 534 substances were added to the Non-domestic Substances List, as they were in commercial use in other countries. This means that these substances will be subject to the New Substances Notification Program if any person intends to manufacture or import any of these substances. The Minister also indicated the Government's intent to delete another 483 substances from the DSL. Regulations

Table 7 lists the proposed and final regulations published under Part 5 of CEPA 1999 in 2008-2009. These include final regulations regarding perfluorooctane sulfonate and its salts, and polybrominated diphenyl ethers, which were targeted for immediate action under Canada's Chemicals Management Plan.

Table 7: Regulations from April 2008 to March 2009
RegulationDraft NoticeFinal Order
PCB Regulations 17-Sep-08
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations 11-Jun-08
Polybrominated Diphenyl Ethers Regulations 9-Jul-08
Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List6-Sep-084-Feb-09
Regulations Amending the Federal Halocarbon Regulations, 20035-Jul-08 
Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations26-Apr-08 
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations26-Apr-08 
Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations26-Apr-08 

5.2 New Substances

Substances that are not on the DSL are considered to be new to Canada. New substances may not be manufactured in or imported into Canada unless the Minister has been notified with certain prescribed information, and the potential risk to the environment and human health has been assessed, or the period for assessing the information has expired. Note that new substances include living organisms; reporting on living organisms is included in Part 6 of this report.

In 2008-2009, 492 new substance notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers). Of the 492 notifications received, the Minister issued 28 Significant New Activity Notices (Table 8), 10 Ministerial Conditions (Table 9) and no prohibitions.

Table 8: Significant New Activity Notices for new substances from April 2008 to March 2009
SubstanceFinal Notice
1,2-Propanediol, 3-amino-, dialkyl derivatives10-May-08
1-Hexadecanol, manuf. of, distn. lights24-Jan-09
2-Propenoic acid, 2-hydroxyethyl ester, telomere with 2mercaptoethanol, polyalkyleneglycol acrylate, polyalkyleneglycol polyacrylate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate29-Nov-08
2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate29-Nov-08
Aliphatic alkyl diester of succinic acid28-Feb-09
Alkanes, C14-1622-Nov-08
Alkanoic acid, dihydroxy-,2-alkyl esters19-Jul-08
Benzoic acid, 2-hydroxy-, 2-butyloctyl ester14-Feb-09
Carbamic acid, [(butylthio) thioxomethyl]-, butyl ester24-Jan-09
Cobalt lithium manganese nickel oxide24-Jan-09
Fatty acids, tall-oil, reaction products with alkylamine and 2-propenoic acid1-Nov-08
Ferrate(1-), bis[3,5-bis(1,1-dimethylethyl)-2-(hydroxy- kO)benzoato(2-)- kO]-, hydrogen27-Dec-08
Lithium cobalt manganese nickel oxide21-Feb-09
Methanone, [1,1'-biphenyl]-4-ylphenyl-18-Oct-08
Oxirane, 2,2'-[(1-methylethylidene)bis[4,1-phenyleneoxy[1-(butoxymethyl)-2,1-ethanediyl]oxymethylene]]bis-6-Dec-08
Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), tris[N-[methyl-3-[[(nonylphenoxy)carbonyl]amino]phenyl]carbamate]10-May-08
Phosphoric acid, iron(2+) lithium salt (1:1:1)10-Jan-09
Polyfluoro acrylate, polymer with chloroethene29-Nov-08
Polyfluoro acrylate, polymer with chloroethene29-Nov-08
Propanenitrile, 3-[[4-[2-(4-nitrophenyl)diazenyl]phenyl] (substitutedmethyl)amino]-19-Apr-08
Silane homopolymer, hydrolysis products with magnesium hydroxide24-Jan-09
Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica6-Sep-08
Substituted 2-Propenoic acid, 2-methyl-, alkyl ester, polymer with alkylaminoalkyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-methyl2-propenoate, and perfluoroalkylethyl 2-methyl-2-propenoate, acetate (salt)16-Aug-08
Substituted silylated resorcinol, reaction products with trimethoxysilanesilica hydrolysis products9-Aug-08
Supramolecular complex of di(bisalkylsulfosuccinate) barium salt with barium hydrogen phosphate (2:1)11-Oct-08
Thioimidodicarbonic acid ((HO)C(O)NHC(S)(OH)), C,C'-dibutyl ester12-Jul-08
Tin titanium zinc oxide24-Jan-09


Table 9: Notices of Ministerial Conditions for new substances from April 2008 to March 2009
SubstanceFinal Notice
Amide of 3-(trimethylaminium)-1-propylamine, chloride salt4-Oct-08
Amines, alkyl, compounds with 2-mercapto-dialkyl-1,3,2-dioxaphosphorinane 2-oxide (1:1)17-May-08
Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)-4-Oct-08
Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)-4-Oct-08
Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)-3-Jan-09
Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)-3-Jan-09
Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)-19-Apr-08
Butanamide, 3-oxo-20-Sep-08
Hydroxyfatty acid, (9Z, 12R)-homopolymer, 3-(dimethyl amino) propylamide, di-Me sulphate-quaternized17-May-08
Poly(oxy-1,2-ethanediyl), α-[3-[1,3,3,3-tetramethyl-1-[(trimethylsilyl) oxy]disiloxanyl]propyl]-ω-hydroxy-8-Nov-08

Of the 492 notifications, 53 related to chemicals or polymers intended solely for use in Food and Drugs Act products. In 2008-2009, one Significant New Activity Notice and three requests for additional information were published in relation to these substances.

In 2008-2009, Health Canada co-sponsored a workshop on pharmaceuticals and personal care products in the Canadian environment. The workshop assessed the current state of Canada's analytical science research on these products in government, academia and industry laboratories. The principal focus of the workshop was to help standardize analytical methods in Canada, set a priority list of pharmaceuticals and personal care products for monitoring, and develop a Web portal that government, academia and industry can use to collaborate, communicate, increase process efficiencies and exchange knowledge.

5.3 Export of Substances

The Act allows the Minister to establish an Export Control List containing substances whose export is controlled because their manufacture, import and/or use in Canada are prohibited or severely restricted or because Canada has agreed, through an international agreement, such as the Rotterdam Convention, to control their export. The Minister can also make regulations regarding substances specified on the Export Control List.

A total of 57 notices of export were received from April 2008 to March 2009.

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