New Substances Notification Regulations (Chemicals and Polymers)

SOR/2005-247

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2005-08-31

New Substances Notification Regulations (Chemicals and Polymers)

P.C. 2005-1484 2005-08-31

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on October 30, 2004, a copy of the proposed New Substances Notification Regulations (Chemicals and Polymers), substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 89(1) of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed New Substances Notification Regulations (Chemicals and Polymers).

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    “Act”

    « Loi »

    “Act” means the Canadian Environmental Protection Act, 1999.

    “animal”

    « animal »

    “animal” includes a part of an animal, but does not include an animal or a part of an animal that exists primarily as a single cell and is without the organization that characterizes tissues or organs.

    “anionic polymer”

    « polymère anionique »

    “anionic polymer” means a polymer that has one or more monomer units that are covalently bound and bear a net negative charge.

    “biochemical”

    « substance biochimique »

    “biochemical” means a chemical that is produced by a micro-organism or a protein or a nucleic acid derived from a plant or an animal.

    “biopolymer”

    « biopolymère »

    “biopolymer” means a polymer that is produced by a micro-organism or a protein or a nucleic acid derived from a plant or an animal.

    “CAS registry number”

    « numéro d’enregistrement CAS »

    “CAS registry number” means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American chemical Society.

    “cationic polymer”

    « polymère cationique »

    “cationic polymer” means a polymer that has one or more monomer units that are covalently bound and bear a net positive charge.

    “chemical”

    « substance chimique »

    “chemical” means a substance that is not a polymer.

    “consumed”

    « consommée »

    “consumed”, in respect of a substance, means destroyed or completely converted to another substance.

    “contained”

    « confinée »

    “contained”, in respect of a site-limited intermediate substance or an export-only substance, means an absolute release limit of 1 kg per day per site to the aquatic environment after wastewater treatment.

    “DSL”

    « liste intérieure »

    “DSL” means the Domestic Substances List maintained by the Minister under subsection 66(1) of the Act, as amended from time to time.

    “material safety data sheet”

    « fiche signalétique »

    “material safety data sheet”, in respect of a substance, has the same meaning as in subsection 11(1) of the Hazardous Products Act.

    “micro-organism”

    « micro-organisme »

    “micro-organism” means a microscopic organism that is

    • (a) classified in the Bacteria, the Archaea, the Protista, which includes protozoa and algae, or the Fungi, which includes yeasts;

    • (b) a virus, virus-like particle or sub-viral particle;

    • (c) a cultured cell of an organism not referred to in paragraph (a) or (b), other than a cell used to propagate the organism; or

    • (d) any culture other than a pure culture.

    “monomer unit”

    « unité monomère »

    “monomer unit” means the reacted form of a monomer in a polymer.

    “NDSL”

    « liste extérieure »

    “NDSL” means the Non-domestic Substances List maintained by the Minister under subsection 66(2) of the Act, as amended from time to time.

    “plant”

    « végétaux »

    “plant” includes a part of a plant, but does not include a plant or part of a plant that exists primarily as a single cell and is without the organization that characterizes tissues or organs.

    “polymer”

    « polymère »

    “polymer” means a substance that consists of

    • (a) molecules characterized by the sequence of one or more types of monomer units;

    • (b) greater than 50% by weight of molecules having three or more monomer units that are covalently bound to one or more other monomer units or reactants;

    • (c) less than 50% by weight of molecules of the same molecular weight; and

    • (d) molecules distributed over a range of molecular weights whose differences in molecular weights are primarily attributable to differences in the number of monomer units.

    “reactant”

    « réactif »

    “reactant”, in respect of a polymer, means a substance that is used in the manufacture of the polymer and becomes part of its chemical composition, and includes a monomer.

    “reactive functional group”

    « groupe fonctionnel réactif »

    “reactive functional group” means atoms or an associated group of atoms in a substance that are intended or may reasonably be expected to undergo facile chemical reaction.

    “reduced regulatory requirement polymer”

    « polymère à exigences réglementaires réduites »

    “reduced regulatory requirement polymer” means one of the polymers described in section 9.

    “research and development substance”

    « destinée à la recherche et au développement »

    “research and development substance” means a substance that is undergoing systematic investigation or research, by means of experimentation or analysis other than test marketing, whose primary objective is any of the following:

    • (a) to create or improve a product or process;

    • (b) to determine the technical viability or performance characteristics of a product or process; or

    • (c) to evaluate the substance prior to its commercialization, by pilot plant trials, production trials, including scale-up, or customer plant trials, so that technical specifications can be modified in response to the performance requirements of potential customers.

    “site-limited intermediate substance”

    « intermédiaire limitée au site »

    “site-limited intermediate substance” means a substance that is consumed in a chemical reaction used for the manufacture of another substance and that is

    • (a) manufactured and consumed at the site of manufacture;

    • (b) manufactured at one site and transported to a second site where it is consumed; or

    • (c) imported and transported directly to the site where it is consumed.

    “test marketing”

    « test de marché »

    “test marketing”, in respect of a product, means the exploration of its market capability in a competitive situation where the creation or improvement of the product is not the primary objective.

  • Meaning of “substance”

    (2) For greater certainty, “substance” has the meaning given that word by subsection 3(1) and section 80 of the Act.

  • Marginal note:Government agencies

    (3) The definition of “government” in subsection 3(1) of the Act does not apply to the expression “government agencies” wherever it appears in these Regulations.