PURPOSE AND SCOPE

Marginal note:Purpose
  •  (1) These Regulations set out the information that a person must provide to the Minister of the Environment under subsection 81(1) of the Act before manufacturing or importing a chemical or polymer that is not on the DSL. The information is required so that the Minister may determine whether the chemical or polymer is toxic or capable of becoming toxic within the meaning of section 64 of the Act. These Regulations set out the periods within which the Minister of the Environment and the Minister of Health must assess the information received and the conditions under which the Minister of the Environment must add a chemical or polymer to the DSL under section 87 of the Act.

  • Marginal note:Contents

    (2) The Regulations are divided into 4 Parts: Parts 1 and 2 set out the information requirements; Part 3, administrative matters; Part 4, the obligations of the Ministers. Schedules 1 to 6 and 9 to 11 set out information to be provided, Schedule 7, the types of polymers, Schedule 8, reactants and Schedule 12, flowcharts giving an overview of all the information requirements.

Marginal note:Avoiding regulatory duplication
  •  (1) For greater certainty, these Regulations do not apply in respect of a substance that is manufactured or imported for a use that is regulated under any other Act or regulations listed in Schedule 2 to the Act.

  • Marginal note:Transit

    (2) These Regulations also do not apply in respect of a substance that is loaded on a carrier outside Canada and moved through Canada to a location outside Canada, whether or not there is a change of carrier during transit.

Marginal note:Maximum exempt quantities

 For the purposes of paragraph 81(6)(e) of the Act, a substance is exempt from the application of subsection 81(1) of the Act if it is manufactured or imported in a quantity that does not exceed the quantity that first triggers a requirement to provide information under these Regulations.

PART 1REQUIRED INFORMATION FOR RESEARCH AND DEVELOPMENT, CONTAINED SITE-LIMITED INTERMEDIATE OR CONTAINED EXPORT-ONLY SUBSTANCES

Chemicals and Biochemicals

Marginal note:Quantity greater than 1 000 kg
  •  (1) Every person that manufactures or imports a chemical referred to in one of the following paragraphs must provide to the Minister the information specified in Schedule 1 at least 30 days before the day on which the quantity of the chemical exceeds 1 000 kg in a calendar year:

    • (a) a chemical that is a research and development substance;

    • (b) a chemical that is a contained site-limited intermediate substance; or

    • (c) a chemical that is a contained export-only substance.

  • Marginal note:Biochemical research and development substance

    (2) If the chemical is a biochemical research and development substance, the person must provide, with the Schedule 1 information, the information specified in items 1 and 2 of Schedule 2.

  • Marginal note:Biochemical site-limited intermediate or export-only substance

    (3) If the chemical is a biochemical contained site-limited intermediate substance that is not manufactured and consumed at the site of manufacture or is a biochemical contained export-only substance, the person must provide, with the Schedule 1 information, the information specified in items 1 to 4 of Schedule 2 and

    • (a) if the biochemical is a nucleic acid, the information specified in items 5 and 6 of Schedule 2; and

    • (b) if the biochemical possesses enzymatic capability, the information specified in items 7 to 13 of Schedule 2.

  • Marginal note:Biochemical site-limited intermediate substance manufactured and consumed at the site of manufacture

    (4) If the chemical is a biochemical contained site-limited intermediate substance that is manufactured and consumed at the site of manufacture, the person must provide, with the Schedule 1 information, the information specified in items 1, 2 and 4 of Schedule 2.

  • Marginal note:Quantity greater than 10 000 kg

    (5) The person must notify the Minister at least 30 days before the day on which the quantity of the chemical manufactured or imported exceeds 10 000 kg in any calendar year and, at that time, update the information previously provided under this section or indicate that there has been no change in the information.