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Substances Management Advisory Note 2012-01

Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999


(PDF Version - 20 Kb)

This advisory note is to inform all persons using, manufacturing in Canada or importing into Canada substances subject to a Significant New Activity Notice of the requirements and obligations of the Canadian Environmental Protection Act, 1999 (The Act).


Background

A Significant New Activity (SNAc) Notice may be adopted when Environment Canada and Health Canada suspect that a significant new activity, in relation to a substance that has undergone an assessment, may pose new or increased risks to the environment and/or human health.

Who is responsible for submitting a Significant New Activity Notification?

Under the Act, it is prohibited to conduct a SNAc identified in a SNAc Notice unless the person has provided the information mentioned in the notice during the period that is specified in the notice.

What are the applicable quantities for a Significant New Activity?

Sometimes a quantity is specified in the SNAc Notice, (e.g., any activity involving more than 100 kilograms per calendar year), in these cases, any person proposing a significant new activity for the substance shall provide the prescribed information mentioned in the SNAc notice in the period it mentions (e.g., at least 90 days before exceeding 100 kilograms per calendar year).

However, when a quantity is not specified in the SNAc Notice, any person proposing a significant new activity for the substance shall provide the prescribed information required in the SNAc Notice in the period of time it mentions (e.g., 90 days prior to the commencement of the proposed significant new activity).

Can one Significant New Activity Notification be submitted for all persons that have/will received physical possession or control of the substance?

In cases where a Significant New Activity Notification (SNAN) is submitted by a person who has or intends to transfer the physical possession or control of the substance to another person, the person receiving possession and control of the substance would not be required to submit a SNAN for the same activities covered by the original SNAN on the condition that:

  1. The person who submitted the SNAN and who transfers the substance to another person supplies Environment Canada with a list containing the name of the person, the civic and postal addresses, telephone and fax numbers (including area code) and e-mail address (if any) of the person to whom he/she will transfer possession of the substance; and

  2. The person who submitted the SNAN must update this information each time the substance is transferred to a person not previously identified in this list.

What are the possible outcomes of submitting a Significant New Activity Notification?

When a SNAN is submitted in compliance of a SNAc Notice, Environment Canada and Health Canada must assess the substance identified in the SNAN within the time period specified in the SNAc Notice. From the assessment of this information, the SNAc Notice may be modified to permit the new activity, rescinded (if the concerns have been mitigated) or, in cases where the assessment of the SNAN confirms that the substance is toxic or capable of becoming toxic, other measures may be adopted to manage the risks posed by the substance.

Where can I get a complete list of substances subject to a Significant New Activity notice published to date?

The Comprehensive Listing of Substances that are Subject to a Significant New Activity Notices is available in HyperText Markup Language (HTML) and in Microsoft© Excel on the New Substances Website or by request to the Substance Management Information Line.

Contact Information

If you have any questions, please contact the Substances Management Information Line:

Telephone: 1-800-567-1999 (toll-free in Canada); 1-819-953-7156 (outside Canada)
Fax: 1-819-953-7155
E-mail: substances@ec.gc.ca

Greg Carreau
A/Executive Director
Program Development and Engagement Division
Environment Canada

Signed on April 23, 2012