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New Substances Notification Regulations (Chemicals and Polymers) (SOR/2005-247)

Regulations are current to 2019-06-20 and last amended on 2018-02-02. Previous Versions

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

    Act means the Canadian Environmental Protection Act, 1999. (Loi)

    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. (animal)

    anionic polymer

    anionic polymer means a polymer that has one or more monomer units that are covalently bound and bear a net negative charge. (polymère anionique)

    biochemical

    biochemical means a substance, other than a polymer, that

    • (a) is produced by a micro-organism; or

    • (b) is a protein or nucleic acid that is derived from a plant or an animal. (substance biochimique)

    biopolymer

    biopolymer means a polymer that

    • (a) is produced by a micro-organism; or

    • (b) is a protein or nucleic acid that is derived from a plant or an animal. (biopolymère)

    CAS registry number

    CAS registry number means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American chemical Society. (numéro d’enregistrement CAS)

    cationic polymer

    cationic polymer means a polymer that has one or more monomer units that are covalently bound and bear a net positive charge. (polymère cationique)

    chemical

    chemical means a substance that is not a polymer. (substance chimique)

    consumed

    consumed, in respect of a substance, means destroyed or completely converted to another substance. (consommée)

    contained

    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. (confinée)

    DSL

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

    material safety data sheet

    material safety data sheet[Repealed, SOR/2015-19, s. 1]

    micro-organism

    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. (micro-organisme)

    monomer unit

    monomer unit means the reacted form of a monomer in a polymer. (unité monomère)

    NDSL

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

    plant

    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. (végétaux)

    polymer

    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. (polymère)

    reactant

    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. (réactif)

    reactive functional group

    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. (groupe fonctionnel réactif)

    reduced regulatory requirement polymer

    reduced regulatory requirement polymer means one of the polymers described in section 9. (polymère à exigences réglementaires réduites)

    research and development substance

    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. (destinée à la recherche et au développement)

    safety data sheet

    safety data sheet, in respect of a substance, has the same meaning as in section 2 of the Hazardous Products Act. (fiche de données de sécurité)

    site-limited intermediate substance

    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. (intermédiaire limitée au site)

    test marketing

    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. (test de marché)

  • Marginal note:Safety data sheet

    (1.1) Every safety data sheet referred to in these Regulations must meet the requirements set out in the Hazardous Products Regulations.

  • Marginal note: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.

  • SOR/2015-19, s. 1
  • SOR/2018-11, s. 18

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.

 
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