Guidance manual for responding to: Notice with respect to bisphenol A (BPA) and BPA structural analogues and functional alternatives

Official title: Guidance manual for responding to: Notice with respect to bisphenol A (BPA) and BPA structural analogues and functional alternatives

Published in the Canada Gazette, Part I on November 13, 2021

1. General information

1.1 Introduction

On November 13, 2021, the Notice with respect to bisphenol A (BPA) and BPA structural analogues and functional alternatives (the notice) was published in the Canada Gazette, Part I, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (the Act). The notice has a deadline of March 16, 2022, and applies to 188 substances.

The purpose of the notice is to gather information from Canadian manufacturers, importers and users on the commercial status, industrial processes (e.g., facility releases), and downstream use of BPA and BPA structural analogues and functional alternatives (BPA SAFAs) in Canada.

The collected information will be used to inform:

For more information on the management of chemical substances, please visit the Government of Canada’s Chemicals Management Plan webpage. For more information on BPA SAFAs, visit the BPA SAFAs webpage.

This document only provides guidance for responding to the notice. In the case of a discrepancy between this document and the notice or the Act, the official versions of the notice and the Act take precedence.

1.2 Reasonably accessible information

If you are subject to the notice, you are required to provide information that your organization (company) possesses or to which you may be reasonably expected to have access. Manufacturers would be reasonably expected to have access to their formulations. When importing a substance or good, it is reasonable that the importer has access to import records and relevant Safety Data Sheets (SDS). Additional sources of information that may be useful in locating required information that is not found in the previously listed sources include industry trade journals, patents or books/encyclopedias (CRC Press, Ullmann’s Encyclopedia of Industrial Chemistry, etc.).

Tip: The termsorganization” and “company” capture the legal business name or the name of the person, as specified in the notice in paragraph 6(a), and are used interchangeably.

Your supply chain and sector association may be able to provide more detailed information on the product composition. Suppliers or customers may have information that you may not be aware of. For example, your customers may be able to provide you with information on substances in final goods available for sale to end users and your suppliers may be able to provide you with the composition of imported goods. Although an SDS is an important source of information on the composition of a product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to the notice. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

To that purpose, a Government of Canada letter for communicating with your foreign suppliers is available upon request by contacting the Substances Management Information Line via email. The letter may help you obtain information from your suppliers in order to complete your response to the notice.

Working and communicating with your supply chain to obtain the requested information and meet the reporting obligations will help the Government of Canada ensure all activities related to substances in this notice are considered before taking any further action.

Suppliers who wish to protect their data can submit the information directly to the Government of Canada as a blind submission. Contact the Substances Management Information Line and provide your justification for confidentiality, the sections/subsections of the notice for which you have information, and the contact information for the person with access to the remaining information to complete the response to the notice.

Tip: You are not required to conduct tests to comply with the notice. However, you are expected to make reasonable efforts to obtain information through your supply chain.

1.2.1 Not reasonably accessible information clause

The following data elements requested in this notice may be considered as not reasonably accessible (NRA) if your company is not in the possession of these AND reasonable efforts to obtain information across the supply chain did not yield the necessary information OR if monitoring did not occur in 2019:

Note that for Section 8, the concentration in effluent is only requested if it is available for 2019; new or additional monitoring is not requested.

However, please note that the above information is necessary to help the Government of Canada ensure that all activities representative of the Canadian context (e.g., commercial activities, levels of substance use, substance quantities) are considered before taking any further action. The absence of information may result in the use of conservative assumptions in risk assessments. Consequently, risk management measures may be implemented that impact your ability to sell certain substances or goods containing these substances in Canada.

1.3 Reporting deadline

Mandatory responses to the notice must be provided no later than March 16, 2022, and must be completed using the online reporting system available through Environment and Climate Change Canada’s Single Window (see Parts 14 and 15).

2. Schedule 1 of the notice – Reportable substances

Schedule 1 of the notice lists 188 reportable substances subject to this notice and is divided into two separate parts.

For Part 1 substances, information is required for Sections 7 to 10 of the notice. For Part 2 substances, information is also required for Section 11 if the substance is manufactured or used to produce a good.

For the complete list of reportable substances, refer to the notice. An Excel version of the list is also available under the “Substances and Code Lists” tab of the Excel Reporting File (available through the Information gathering initiatives page).

3. Sections 2 and 3 of the notice – Persons required to provide information

The notice applies to any person who, during the 2019 calendar year, satisfied any of the following criteria:

*The 12 categories of reportable manufactured items are listed, with examples, in Table 1 of subpart 3.3 of this document.

Tip: You must consider each activity (manufacture, import, used to produce) with each substance separately. Examples are provided in subpart 3.5

The subparts that follow provide additional details on the reporting criteria that you must consider when determining whether you are required to respond to the notice:

Your answers to the questions in the top part of Figure 1 will provide an indication of whether you are required to report under the notice. Subpart 3.5 of this document also provides information on calculating the total quantity of a substance in a mixture, product or manufactured item and includes examples of companies that meet or do not meet the reporting criteria of the notice.

3.1 Calendar year targeted by the notice

The notice applies to the 2019 calendar year.

If you do not meet the reporting requirements for 2019, you are not legally obligated to respond to the notice. However, if you had activity with a reportable substance (e.g., imported, manufactured, exported the substance, or used the substance to produce a good) for a different calendar year but not in 2019, the information may be of interest to the Government, and you are encouraged to provide this information via a Declaration of Stakeholder Interest (SHI).

Please note that persons who do not meet the requirements of the notice and have no interest in the substances may submit a Declaration of Non-Engagement (DNE).

3.2 Reportable activities

Three activities are subject to the notice: manufacture, import and use to produce a good.

3.2.1 Manufacture

“Manufacture” relates to the creation or production of the substance itself and includes both the intentional and the incidental production of the substance. Manufacture does not refer to the manufacture of a good (mixture, product or manufactured item) containing the substance.

Incidental production of a substance may occur if, during the process of blending or formulating, a chemical reaction occurs that results in the production of a substance that is reportable under the notice.

Sometimes there is confusion between the terms "use" and "manufacture". Typically, using a reportable substance to fabricate a good is NOT considered "manufacture" for the purposes of reporting to Environment and Climate Change Canada as you are not creating the substance. In this case, the activity would be considered as “use to produce a good”, which is another type of reportable activity (Part 3.2.3).

3.2.2 Import

“Import” relates specifically to the movement into Canada from another country of any substance identified in the notice, whether alone or in a good.

Examples of activities that meet the definition of “import”:

Examples of activities that do not meet the definition of “import”:

3.2.2.1 Foreign suppliers and Importers of record

An importer is the person responsible for the movement of a reportable substance into Canada from another country. For the purposes of the notice, the person responsible for responding to the notice is the company who “caused” the substance to come into Canada. In other words, the substance came into Canada on their request. This should not be confused with an “Importer of Record”, which is a term used by the Canadian Border Services Agency and may or may not be the same company that is required to report to a notice.

The foreign supplier (i.e., exporting to Canada, located outside of Canada) is not required to respond to the notice. Rather, the receiver (who imports to Canada) is subject to the notice if the requirements are met. Foreign suppliers are encouraged to inform their Canadian customers (i.e., Canadian importers) that they import a reportable substance and may meet the reporting requirements of the notice. Foreign suppliers can also choose to submit information and respond to the notice on behalf of Canadian importers. If Confidential Business Information (CBI) cannot be shared with Canadian importers to allow them to respond to the notice, please refer to Part 13 of the document for information on the blind submission process. This process allows foreign suppliers and their Canadian importers to collaborate and provide all the information required in the notice while still protecting CBI.

3.2.3 Use to produce a good

“Use to produce a good” relates specifically to using a reportable substance, whether alone or in a mixture, in a product, or in a manufactured item (good) to produce (i.e., to create, to make) another mixture, product or manufactured item (good).

Tip: Any manufactured item produced in Canada containing the substance, even those not within the list of imported reportable manufactured items categories, are reportable.

Examples of activities that meet the definition of use to produce a good:

Examples of activities that do not meet the definition of use to produce a good:

3.3 Substance and mixtures, products or manufactured item (goods)

A “substance” means any substance listed in Part 1 and 2 of Schedule 1 of this notice.

A “mixture” is a combination of substances that does not produce a substance that is different from the substances that were combined, including, but not limited to, a prepared formulation, hydrate, and reaction mixture that are characterized in terms of their constituents, and homogenous and heterogeneous alloys.

A “product” is anything that does not meet the definition of a substance (Schedule 1 substance), mixture or manufactured item. For the purposes of this notice, a polymer or pre-polymer is considered a product.

Examples of mixtures or products that may be reportable if they contain a substance listed in Schedule 1 of the notice:

A “manufactured item” is an item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.

Twelve categories of imported manufactured items are reportable under this notice, targeting items that are considered to be key sources of exposure to the general population. Schedule 1 substances imported in other manufactured items are not reportable under the notice.

Tip: For a specific substance, one or more of the categories identified in Table 1 can be applicable.

Table 1: Categories of reportable imported manufactured items and examples
Categories of reportable manufactured itemsExamples of manufactured items

Intended to be used by or for children under the age of 14 years

Play mats; pacifiers; toys for babies and toddlers; board books; teething toys; plastic jewelry and finger paints.

Intended to come into contact with the mucosa of an individual

Cotton-tipped applicators; mouth guards; dentures; orthodontic equipment (e.g., braces); hearing aids; nasal sprays; thermometers; tissue; tampons; condoms; and contact lenses.

Cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or beverage

Pots and pans; woks; griddles; serving soup ladles or spatulas; plates; bowls; and cutlery.

Food packaging materials*, including single-serve/disposable bowls, plates, cups, other serving-ware, as well as food cans and lid liners, that are intended to or may come into direct contact with food or beverage

Plastic single-serve or disposable containers such as bowls, plates and cups; plastic bottles such as disposable water bottles; plastic, wax and aluminum food wrap; cereal liner bags; food or beverage cans or jars; lids of cans or jars, including lid liners; infant formula containers; and coffee cups.

Reusable food or beverage container

Reusable water bottles; travel mugs; reusable food storage plastic containers and lids; and baby bottles.

Used as intended in a manner such that the substance may be inhaled, or come into dermal or oral contact with an individual

Scented paper items; air fresheners; scented candles; scented markers; dryer sheets; cleaning wipes; lip sticks; face masks and shields; beauty face mask; disposable and non-disposable gloves; ink cartridges; mouth guards; piercings; mobile phone cases; and dental retainers or aligners.

Clothing or footwear, including life jackets and personal flotation devices

Shirts; pants; outerwear (e.g., coats, gloves, hats); undergarments (e.g., underwear or boxer shorts); sleepwear (e.g., pajamas); socks; shoes; boots; slippers; sporting gear (e.g., skates, helmets, shin pads and hockey/baseball gloves); protective clothing used in an occupational setting; inflatable vests; and life jackets.

NOT reportable: wallets; handbags; backpacks.

Bedding, sleeping bags and towels

Sheets; pillow cases; blankets; sleeping bags; bathroom and kitchen towels; mattress protectors; and camper and camping bedding.

NOT reportable: Tents.

Furniture, mattress, cushion or pillow intended to be used by an individual, where the substance is contained in foam or leather or in a textile fibre, yarn or fabric

Mattresses including foam mattresses; pillows; cushions; chairs, sofas; mattress pads; camping or camper mattresses, cushions or pillows; and vehicle and airplane seats.

NOT reportable: Lamps; televisions; dentist chairs; surgical tables; hospital beds; desks; cabinets; and book cases.

Carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual

Carpets and rugs; laminate and vinyl flooring; engineered hardwood, bamboo, and cork wood flooring; stone floorings (i.e., slate and marble); porcelain stoneware; ceramic tiles; vehicle carpet; and floorings in homes, office buildings, hospitals, medical or sports facilities.

Water pipes

PVC pipes; PEX pipes; and polycarbonate tubing.

Thermal paper

Point of sale receipts (e.g., cash registers, wireless payment terminals, ATMs, banks); labels (e.g., prescriptions, industrial barcodes, packaged items such as supermarket foods (e.g., deli meats, cheese, bulk items), retail shelf labels); tickets (e.g., airline, train, cinema, parking, theater, gaming, sporting events, amusement parks, arenas, museums, lottery); and laboratory printouts (e.g., ultrasound, electrocardiogram (EKG), printouts from other laboratory/medical recorders).

Important definitions to consider:

A “good”, for the purpose of this notice, is a mixture, a product or a manufactured item.

3.4 Quantity and concentration thresholds

According to the thresholds provided in Table 2 any person who manufactured a substance, imported a substance, whether alone or in a good, or used a substance, whether alone or in a good, to produce a good, must respond to the notice.

Table 2: Quantity and concentration thresholds for responding to the notice
Reportable activityCalendar yearSubstance aloneSubstance in goodsQuantity threshold for substanceConcentration threshold for substance in goods (w/w%)

Manufacture

2019

yes

-

> 10 kg

Import

2019

yes

yes

> 10 kg

≥ 0.02%

Use to produce a gooda

2019

yes

yes

> 10 kg

≥ 0.02%b

a Use to produce a mixture, product or any manufactured item (not only those within categories listed in Table 1)
b The concentration threshold is applicable to the good that is used, not to the good that is produced.

When responding to the notice, you must report the quantities of the reportable substance itself, in kilograms (kg), and not the quantity of the mixture, product or manufactured item containing the substance. Refer to subpart 3.5 of this document for additional information on calculating quantities of a reportable substance.

Tip: Remember that the quantity threshold applies to each activity and each substance, on a company-wide basis.

If you imported substance in a good in 2019, you will need to determine whether you meet the applicable concentration threshold. Similarly, if you used a good containing a reportable substance to produce another good, you will also need to determine whether you meet the applicable concentration threshold.

Figure 1. Overview of requirements for the notice

3.5 How do I determine if I need to respond?

Your answers to the questions in the top part of Figure 1 above can provide an indication of whether you are required to report under the notice if an exclusion does not apply to your situation. Equation 1(a) and 1(b) provide the general formula for determining the quantity of a substance in a good as well as conversion factors for concentration.

The sample calculation and examples below may also help you determine whether your company meets the reporting criteria of the notice.

Equation 1(a): General formula for determining the total quantity of a substance in goods

Total Quantity(Substance A) = (Quantity(Good X) x % Concentration(Substance A)) + (Quantity(Good Y) x % Concentration(Substance A))

Where,
Quantity = quantity in kilograms
Substance A = a substance listed in Schedule 1 of the notice;
Good X and Y = any mixture, product or manufactured item containing substance A; and
% Concentration = percent concentration of Substance A by weight (w/w %) in a mixture, product of manufactured item.

Equation 1(b): Conversion factors for concentration

x(%) = x(ppm) ÷ 10 000

1% = 10 000 ppm and 1 ppm = 0.0001%

Example for total import quantity of a substance:

0.02%=200 ppm ÷ 10 000

Therefore, Substance Y meets the concentration threshold of ≥ 0.02% for an imported good; however, Substance Y must also meet the total quantity threshold, which is determined as follows:

Total Quantity(Substance Y) =8kg+(500 kg(Good X)×0.02100(Substance Y))+ (75 kg(Good Y)×0.02100(Substance Y))

Total Quantity(Substance Y) =8.115 kg

Since the total quantity of the imported substance is less than the total quantity threshold of >10 kg, you do not meet the reporting criteria for the substance even if the ≥ 0.02% concentration threshold is met. You are therefore not required to report the import of Substance Y.

Example for total quantity used to produce a good:

Quantity(Substance Y) =300 000kg(Mixture X)×0.03100(Substance Y)

Quantity(Substance Y) =90 kg

Since the total quantity of the substance used (i.e., 90kg) is above the total quantity reporting threshold of >10kg and the concentration of the substance in the mixture that is used is above the ≥ 0.02% concentration threshold, you meet the reporting criteria for the substance. You are therefore required to report the use of Substance Y.

The following examples provide additional guidance for determining whether you meet the reporting criteria of the notice.

Your company meets the reporting criteria if:

Tip: If you know that the quantity threshold is met but the concentration information is not available to you even after reasonable efforts were made to obtain that information from your supply chain, you should respond to the notice and inform your supplier of the blind submission process.

Your company does not meet the reporting criteria if:

Tip: If you had activities with a reportable substance below the thresholds, it is still valuable information that you are encouraged to report. You can submit the information via a Declaration of Stakeholder Interest.

4. Section 4 – Exclusions

There are several exclusions that apply to this notice, which are found in Section 4 of the notice. The notice does not apply to a substance, whether alone or in a good, that:

5. Section 5 – Amalgamated information for multiple facilities

A company that owns more than one facility must respond to the applicable questions in the notice on a company-wide basis. Your response for each question must be an amalgamated response that includes information from all facilities owned by the company, with the exception of questions for Section 8 of the notice.

6. Section 6 – Contact identification for organization (company)

All persons who are subject to the notice are required to provide the following information:

The Excel Reporting File will ask only for the business name and the Federal Business Number. The remaining information required to complete the requirements of Section 6 of the notice must be entered in Environment and Climate Change Canada’s Single Window online reporting system.

Tip: the information above will automatically be auto-populated from your Environment and Climate Change Canada’s Single Window account. Make sure that your account information is up to date or update it for this notice directly in the CM general initiative of the online reporting system.

Sections of the notice to be completed:

7. Section 7 – Total quantity

Section 7 of the notice applies to all Schedule 1 substances and for all activities (manufacture, import or use to produce), for which the reporting criteria are met.

For each reportable substance, you are required to provide the total quantity of the substance you manufactured, imported, used to produce a good and exported for the entire year.

Quantities reported in this section of the notice should be:

Tip: Export is not an activity that triggers reporting to the notice. Only reporters who manufacture, import or use to produce a good AND also export a reportable substance are required to provide the quantity of substance exported.

Example of information required for Section 7 of the notice

In 2019, your company:

Table 3: Example of information required for Section 7 of the notice
CAS RNTotal quantity manufactured (kg)Total quantity imported (kg)Total quantity used to produce a good (kg)Total quantity exported (kg)

aa-aa-a

0

180

0

0

bb-bb-b

125

0

125

15

cc-cc-c

0

0

90

0

Subpart 3.5 of this document provides other examples for determining the total quantity of a substance manufactured, imported or used to produce a good.

8. Section 8 – Facilities

Section 8 of the notice applies to all Schedule 1 substances for which the reporting criteria are met. This section requires you to report 2019 information on your Canadian facilities where a reportable substance was:

Tip: You must not report facilities to which you solely import a product or a manufactured item.

Tip: Section 8 applies to your facilities, not your customers’ facilities.

You are required to report your facility if, for example, in 2019 your company did one of the following:

You are not required to report your facility if, for example, in 2019 your company did one of the following:

You are required to provide the following information for your reportable facilities:

8.1 Facility name and address

You are required to provide in paragraph 8(a) the name and the address of each of your reportable facilities, including the facility physical street address, city, province and postal code.

Tip: The “Section 8 – Facilities” tab of the Excel Reporting File will allow you to generate your own list of facilities that you will be able to then use for reporting on each substance, if applicable, for questions in the “Section 8” tab.

8.2 Distribution and warehousing only activities

You are required to identify in paragraph 8(b) any reportable facility in Canada that is used solely for distribution or warehousing purposes. In such facilities, manufacturing, processing, handling (including repackaging) and use of the substances or mixtures, products and manufactured items containing the substance do not occur.

For example:

Mixtures containing Substances C and D are imported to the British Columbia warehouse where they are distributed a few weeks later to customers in Canada. Since you are importing a mixture to the warehouse, the warehouse should be reported as a facility. However, since the mixture is not repackaged, processed or used to make another good, the British Columbia warehouse should be flagged as a facility used solely for distribution and warehousing purposes.

8.3 Physical forms of the substance throughout manufacture, processing, handling and use to produce a good

You are required to provide in paragraph 8(c) all the physical forms of the substance throughout manufacture, processing, handling and use to produce a good, including the forms at the time of arrival at the facility, at the different stages of manufacturing, processing, handling, at the time it is reacted and as it leaves the facility.

For each substance at each site, you must report as many physical forms as applicable by selecting from the following 6 physical forms:

8.4 Summary of the manufacture, processing and handling of the substance and its use to produce a good

You are required to provide in paragraph 8(d) a summary of the manufacture, processing, and handling of the substance and its use to produce a good, whether used alone or in a good. Your summary should include major steps and tasks in the operation, including the physical forms of the substance reported in paragraph 8(c) at every stage throughout the operation, potential sources of exposure to workers and controls in place to reduce worker exposure.

Exposure to workers means an exposure to a chemical substance which, under foreseeable conditions of manufacture, processing, distribution in commerce, or use of the chemical substance, is likely to occur (for example, through inhalation, ingestion, or skin contact). Accidental or theoretical exposures do not need to be reported.

Such exposures could include, but would not be limited to activities such as:

The summary can also include:

The summary should also include a description of the controls in place to reduce potential exposure of the substance to workers, such as:

A summary may be provided as a flow diagram attached to your submission that illustrates the manufacture, processing, handling and use of the substance in the production of a good that occurred within the facility. If you choose to provide a flow diagram, input “See “X file name” for summary” in the dedicated cell for paragraph 8(d) of the ‘Section 8’ tab of the Excel Reporting File.

Table 4: Example of information required for paragraph 8(d)
CAS RNFacility name and addressSummary of manufacture, processing, handling of the substance and its use

aa-aa-a

Facility X, 1234 Industrial Road, Milton, Ontario, P0X 1N4

Facility X is a warehousing facility - no manufacturing processes or chemical conversions take place at this facility. Liquid mixtures containing Substance A arrive to the facility in sealed 4000 L tanks approximately once a week are unloaded from a transport truck by employees and transported to and from the facility using lift stackers. The substance is never in direct contact with employees and remains in sealed containers while in the facility (it is not repackaged).

bb-bb-b

Facility Y, 1234 Main Street, Lethbridge, Alberta, T1H 2Z5

Facility Y completes between 2 and 5 batches a day. A typical batch involves about 500-1000 kg of Substance B in powder form and 10,000 kg of final product in solid form. The plant operates 250 days a year but typically only 20-30% of our batches contain Substance B. Mixing takes place between 20˚C and 50˚C. The powder of the substance is unloaded from tank cars into kettles by workers in a room with local exhaust ventilation where employees wear protective equipment, including a half mask, air-purifying respirator and permeation resistant gloves (nitrile rubber, with thickness of >= 0.35 mm). This process takes approximately 15 minutes, and occurs five times a day, on average. The powder is then heated and mixed in kettles in a closed automated system. 2% of product containing Substance B / batch is lost to waste water during equipment cleaning. 10g/batch of the substance is lost through vents. The heated mixture is transferred through an automated process to molds that undergo a cooling process in a closed automated system. Molded pellets are robotically loaded into bags and transferred off-site to customers. Automated systems are not in direct contact with employees.

8.5 Substance releases or losses to air, water or land

You are required to indicate in paragraph 8(e) of the notice whether the substance is known to, is anticipated to or may be released or lost from the facility to air, water or land and provide a qualitative description of the potential releases and losses of the substance in subparagraph 8(e)(i).

The term “release” reads in subsection 3(1) of the Act as follows:

"release includes discharge, spray, inject, inoculate, abandon, deposit, spill, leak, seep, pour, emit, empty, throw, dump, place and exhaust.”

Release includes direct or indirect emissions or discharges of a substance in any form (liquid, solid or gas) and into any media (air, water or soil), whether the release is intentional or non-intentional during normal operations.

The following are examples of different sources of releases of a substance in either solid (e.g., powder, pellet), liquid (e.g., sludge, solution) or gaseous (e.g., vapour), state:

For greater clarity, any loss of the substance from the facility, even if indirect, should be reported. Losses can occur, for example, during cleaning of floors, cleaning of lines or from release of contact cooling waters.

When describing potential releases and losses of the substance, specify if a transfer to an off-site waste management facility is part of your standard practice. A transfer to an off-site waste management facility is any movement of a substance, including a mixture, product or manufactured item containing the substance, to a facility, including a third-party facility, which will handle, recycle or dispose of the substance (either as a recyclable, hazardous waste, or non-hazardous waste).

Table 5: Example of information required for paragraph 8(e) and subparagraph 8(e)(i)
CAS RNFacility Name and AddressIs the substance known to, anticipated to, or may be released to airIs the substance known to, anticipated to, or may be released to waterIs the substance known to, anticipated to, or may be released to landDescription of potential releases and losses of the substance

aa-aa-a

Facility X, 1234 Industrial Road, Milton, Ontario, P0X 1N4

No

Yes

No

Container residue cleaning resulted in the substance being washed down into municipal sewer.

bb-bb-b

Facility X, 1234 Industrial Road, Milton, Ontario, P0X 1N4

No

No

Yes

Spill (one event) to land with possible groundwater contamination which was monitored.

cc-cc-c

Facility X, 1234 Industrial Road, Milton, Ontario, P0X 1N4

Yes

No

No

Stack release to air

8.6 Description of prevention or mitigation measures in place to prevent or minimize release of the substance

You are required to provide in subparagraph 8(e)(ii) a description of the prevention or mitigation measures in place to prevent or minimize releases of the substance.

Prevention or mitigation measures relate to practices, policies or technological solutions at your facility to prevent or minimize releases of the substance to the environment, or exposure of Canadians to the substance. Examples include, but are not limited to:

Example of information required for subparagraph 8(e)(ii)

In 2019, you used Substance A listed in Schedule 1 to make a product (Resin 123). You have practices in place at your facility to minimize release of the substance during processing and use of the substance in the production of Resin 123. You imported Substance B in a lubricant, also listed in Schedule 1, to another facility. The substance was shipped to you in bulk in tank containers. You then stored the containers at your facility in Big Town ON, before repackaging the substance into smaller containers (drums) for sale to your customers.

Table 6: Example of information required for subparagraph 8(e)(ii)
CAS RNFacility Name and AddressDescription of the prevention or mitigation measures in place to prevent or minimize releases of the substance

aa-aa-a

Facility Z, 1234 rue de l’industrie, Magog, Québec, J1X 1G6

Process of resin manufacturing is automated; valves and equipment are automated. Cooling water is recirculated X-times before discharge. A bermed area is used to collect accidental spills from the tank and a secondary containment area is used within the facility to collect drips and spills during cooling process. Facility’s floor drains are connected to a collection system emptied once every 6 months by hazardous waste company A.

bb-bb-b

Facility XY, 1234 Burlington, Ontario, L6M 1K8

Pumping of the lubricant from the tank to the drums is automated; valves and equipment are computer-controlled. Lines are flushed with oil between products; no water is used in the process. A bermed area is used to collect accidental spills from the tank and a secondary containment area is used within the facility to collect drips and spills during repackaging operations. Facility’s floor drains are connected to a collection system emptied once every 6 months by hazardous waste company A. An emergency holding pond is used to capture site run-offs; the discharge from the pond (mainly, accumulated rain water and melting snow) is sent to an on-site oil water separator (OWS) prior to being released to the municipal wastewater system. Releases from the OWS contain well below 1 mg/L of oil and grease (hydrocarbons). Our provincial permit limit is 50 mg/L of oil and grease. Absorbents are used to clean up drips and spills on the floor, if any.

Used absorbents are sent off-site for incineration or disposal.

8.7 Concentration of the substance in discharged effluent

If you reported releases to water in subparagraph 8(e)(i) in the form of effluent discharge, you are required to provide in subparagraph 8(e)(iii) the annual average AND maximum concentration of the substance in effluent discharged from the facility, in μg/L, as well as the method used for determining the concentration. When describing the methods used, include analytical methods, monitoring frequency and detection limits, if available. 

Note that the concentration in the effluent is only required if it is available for 2019; new or additional monitoring is not requested.

Tip: If you have not monitored the substance in the effluent discharged from the facility, you will be able to indicate this as not reasonably accessible in the Excel Reporting File. 

Table 7: Example of information required for subparagraph 8(e)(iii)
CAS RNFacility name and addressThe annual average concentration of the substance in effluent discharged from the facility is reasonably accessible or not reasonably accessible?Annual average concentration (μg/L)The annual maximum concentration of the substance in effluent discharged from the facility is reasonably accessible or not reasonably accessible?Annual maximum concentration (μg/L)Method used for determining concentration

aa-aa-a

Facility XYZ, 1234 rue de l’industrie, Magog, Québec, J1X 1G6

Reasonably accessible

0.23

Reasonably accessible

5.7

GC-MS; Smith et al. 2015. Journal of Monitoring Science. Volume 2, Issue 12.

bb-bb-b

Facility MNO, 1234 Ave N.W., Edmonton Alberta, T5S 2R1

Not reasonably accessible

-

Not reasonably accessible

-

-

“-“ will be displayed as a gray cell in the Excel Reporting Form, indicating that data is not required based on the responses provided.

8.8 Other monitoring results of releases of the substance

If other monitoring results of releases of the substance into air, water or land are available, you are required to provide them in subparagraph 8(e)(iv), including monitoring frequency and methodology.

Other monitoring results of interest may include, but are not limited to:

Table 8: Example of information required for subparagraph 8(e)(iv)
CAS RNFacility Name and AddressOther available monitoring results of releases of the substance

aa-aa-a

Facility X, 1234 Rue Sud, Thetford Mines, Quebec, G8G 5Z5

An accidental spill occurred July 2019 at this facility, which resulted in 1 kg of the substance being released to water, and 10 kg of the substance being transferred to an off-site hazardous waste management facility. We subsequently monitored specifically for the presence of the substance in the receiving environment. We monitored monthly the substance in groundwater (GW) wells upstream (control) and downstream (2 wells) of the spill site for a total of 6 sampling events (Jul. to Dec. 2019) using enclosed sampling and analytical methods by Lab Inc. GW monitoring results are attached to the submission with the file name “section 8e GW monitoring.pdf”.

bb-bb-b

Facility Y, 1234 Ave North-West, Cambridge, Ontario, N2R 6T4

We monitor stack emissions for the presence of the substance every 3 months by withdrawing a sample from the stack and analyzing it on-site using a transportable automated measuring system. An annual average concentration of 0.74 ng/m3 and a maximum concentration of 2.45 ng/m3 was measured in 2019.

9. Section 9 – Unpublished studies

Section 9 of the notice requires you to provide for each reportable substance:

(i) monitoring data collected in the workplace (e.g., air monitoring or biomonitoring data of urine or blood measuring the reportable substance in workers); or
(ii) studies examining workers handling the substance in the workplace (e.g., dosimetry, patches, charcoal badges, personal air monitors, urine/blood samples).

(i) mammalian study endpoints:

(A) acute toxicity (oral, dermal, and inhalation),
(B) short-term toxicity (oral, dermal, and inhalation),
(C) subchronic toxicity (oral, dermal, and inhalation),
(D) carcinogenicity,
(E) in vitro genotoxicity (mutagenicity or clastogenicity),
(F) in vivo genotoxicity (mutagenicity or clastogenicity), developmental and reproductive toxicity,
(G) absorption, distribution, metabolism and excretion,
(H) endocrine effect(s),
(I) dermal absorption, and
(J) any additional unpublished data or studies not listed that may be relevant to the evaluation of the potential of the substance to affect human health.

(ii) ecological study endpoints:

(A) biodegradation,
(B) bioaccumulation factor, bioconcentration factor, and biomagnification factor,
(C) ecotoxicity (experimental acute and chronic studies for pelagic, benthic, and terrestrial organisms),
(D) environmental monitoring and presence,
(E) persistence,
(F) chemical transformation,
(G) leaching potential, and
(H) any additional unpublished data or studies not listed that may be relevant to the evaluation of the potential of the substance to affect the environment.

(iii) physical-chemical properties, such as:

(A) melting point,
(B) boiling point,
(C) vapour pressure,
(D) water solubility or water extractability,
(E) octanol-water partition coefficient (log Kow),
(F) organic carbon-water partition coefficient (log Koc), and
(G) acid dissociation constant.

(iv) degradation, characterization, or the release, leaching or migration of the substance from the final mixture, product or manufactured item, including measurements or calculations of migration into food.

For the purposes of the notice, data or studies are considered "unpublished" if they are not readily found using standard search engines (e.g., Scopus, Pubmed, Toxline, Google). The unpublished data or studies submitted can be from any calendar year.

Full data or studies should be submitted as an attachment to your online submission. Please note that the online reporting system has a file size upload limit of 20 MB per file and compressed files (e.g., .zip, .rar) are not accepted for security reasons.

Tip: If your unpublished study or data document has a file size larger than 20 MB, it can be broken down into smaller size files and uploaded to the online reporting system.

You are also required to report the title of the data or study as well as the name of the file uploaded. If available, the title should include the author(s) and the year in which the study was performed. The file name(s) should correspond to the exact file name(s) uploaded to the online reporting tool, including extension types (e.g. .docx, .pdf, .xlsx). For example, the following information should be reported in the Excel Reporting File for an acute toxicity study:

Examples of additional data or studies not listed above that may be relevant to risk assessment are hazard and ecotoxicology data for a surrogate substance or new approach methodologies including but not limited to mechanistic, transcriptomic and metabolomics assays.

Tip: unpublished data or studies with regard to occupational exposure are the only types of studies or data requested for Bisphenol A (CAS RN 80-05-7)

Unpublished studies or data on substances that do not meet the reporting criteria

You are only required to provide unpublished data or studies for substances that meet the reporting thresholds. However, you are encouraged to submit unpublished studies on your Schedule 1 substances that do not meet the reporting thresholds in a Declaration of Stakeholder Interest. Please note that Section 70 of CEPA may also be applicable for substances that do not meet the threshold and is a mandatory information gathering provision under CEPA. Examples of information that may be submitted under section 70 include, but are not limited to, toxicity studies, information on physical-chemical properties, absorption/leaching potential, concentrations, quantities, uses, monitoring data.

10. Section 10 – Information on known or anticipated final goods

Section 10 of the notice applies to all Schedule 1 substances for all activities (manufacture, import or use to produce) for which reporting criteria are met.

For each reportable substance, you are required to provide:

Tip: It is possible to have several combinations of U and C codes for the same reported substance.

Known or anticipated final goods containing the substance

The notice requires that the above information be reported on the “known or anticipated final goods containing the substance”. “Known or anticipated final goods” refers to the goods containing the substance that is offered for sale to the end users. Final goods can be the substance alone, or a mixture, product, or manufactured item containing the substance.

Not everyone responding to the notice will have information on the final goods containing the substance, especially if their own goods, the goods the reporting company is involved with, are part of the beginning of the supply chain (e.g., raw substance or mixture). You may need to contact your customers to determine the “known or anticipated final goods containing the substance”. When responding to the notice, respond using the most complete and accurate information available to you.

Person’s own goods

If you do not have information on the known or anticipated final goods AND your reasonable efforts to obtain this information (e.g., request for information across the supply chain) did not yield the necessary information, you may report on information requested in Section 10 on your own goods (i.e., the goods your company is involved with, not the final goods containing the substance that is sold to end users).

If you are reporting on your own goods, you are encouraged to provide additional information on the steps you have taken to try to obtain the substance function code and application code as well as related information for known or anticipated final goods and why these steps did not yield the necessary information.

Please note that information on final goods is essential to the risk assessment process. It is in your company’s best interest to make reasonable efforts to obtain this information throughout the supply chain. The absence of information on final goods may result in the use of conservative assumptions in risk assessments. Consequently, risk management measures may be implemented that impact your ability to sell certain substances or goods containing these substances in Canada.

Examples of reporting on known or anticipated final goods containing the substance vs. own goods containing the substance:

10.1 Reportable codes

When submitting your response to Section 10, you are required to consider 2 sets of codes:

Tip: The Excel Reporting File allows you to view the list of codes to help you pick the most appropriate one.

10.1.1 Schedule 2 of the notice – substance function codes

Substance function codes, formerly called Use Codes, begin with the letter U, and are used to describe the function of the substance itself with regards to the intended physical or chemical characteristic for which a chemical substance is consumed as a reactant; incorporated into a formulation, mixture, or product; or used.

For example, if the substance function is:

Tip: Code U999 can only be used when there is no other code to match the function of the substance. It can also be used when the substance has more than one function. When selecting this code, a concise written description of the substance function(s) must be provided.

Tip: Importers of manufactured items can use code U067 if the substance function is unknown.

The substance function codes are listed in Appendix 1 with their descriptions and some examples.

10.1.2 Schedule 3 of the notice – application codes

Application codes, formerly called Consumer and Commercial Codes, begin with the letter C and are used to identify the application of the mixture, product or manufactured item containing a substance with regards to its purpose in a consumer or commercial setting.

For example, if the substance is contained in:

If a good has more than one application, you are required to report the applicable code that best describes the application.

C999 can only be used when there is no other code to match the application of the good.

The application codes are listed in Appendix 2 with their descriptions and some examples.

10.1.3 Additional information related to application codes

10.1.3.1 Concentration and quantity of the substance in the goods

For each combination of substance function code and application code, you must provide the concentration, reported as a weight percentage (w/w%), as well as quantity, reported in kilograms (kg), of the substance contained in the known or anticipated final goods. If you have reported a substance function code and application code based on your own goods, you should provide the concentration and quantity of the substance within your own goods. The concentration can be reported with up to a three decimal precision.

If you do not know the concentration and quantity of the substance in the reported goods, even after making reasonable efforts to obtain the data, you may indicate in the Excel Reporting File that this information is not reasonably accessible and will not be provided.

10.1.3.2 Description of the goods

For each application code provided, you are required to provide a concise written description of the goods that they capture.

For example, the following descriptions can be provided:

10.1.3.3 Common, generic or trade names

In addition to providing the application codes, you must provide the common, generic or trade name of the known or anticipated final goods containing the substance unless you have already provided it to the Government of Canada to comply with the New Substances Notification Regulations (Chemicals and Polymers).

For example:

10.1.3.4 Intended application of the known or anticipated final goods

When providing information on the intended application of the known or anticipated final goods or your own goods, you will also need to consider if the goods are destined for commercial use, consumer use, or use by or for children 14 years of age or younger.

Commercial use refers to the use of a substance or a good containing a substance, by a commercial enterprise providing saleable goods or services.

For example:

Consumer use refers to the use of a substance that is directly, or as part of a good, sold to or made available to consumers for their use in or around a permanent or temporary household or residence, a school, or a recreational area.

For example:

Intended to be used by or for children refers to a good intended for use by or for children 14 years of age or younger.

For example:

10.1.3.5 Food and beverage contact substances and food and beverage types

If you report codes C301.01 (Food packaging material, single-serve, single-use or disposable) or C301.02 (Reusable food and beverage container) in subparagraph 10(1)(c), you are required to provide in paragraph 10(2) the following information:

If the anticipated final good is food packaging or a food and beverage container, the packaging or container itself is intended to or may come into contact with food or beverage. However, depending on where the substance is located within the packaging or container, the substance itself may or may not come into direct contact with the food or beverage. If you are aware of the location of the substance within the packaging or container, you must report whether or not the substance is intended to or may be in direct contact with food or beverage.

You must also indicate the types of food or beverage that could be contained in and in contact with the packaging or container, not only the parts of the packaging containing the substance. The food categories below or individual food or beverage descriptions may be reported.

Examples of food or beverage descriptions for this category: pasta, milk, green or dry cooked yellow split peas, tofu and vegetables with soy based sauce, candy milk chocolate coated coffee beans, cream of celery soup (canned, condensed, reduced fat, milk added), olive (ripe, canned, small to extra large), roasted chicken, raw chicken breast, pickled vegetables, frozen fruit.

Examples of food or beverage descriptions for this category: rum cooler, non-alcoholic wine, beer, vodka and frozen margarita.

Examples of food or beverage descriptions for this category: cooked vermicelli made from soy, restaurant prepared spaghetti and meatballs, cheese croissant, phyllo dough, frozen vanilla ice cream, commercial peanut butter cookie, cheese, chocolate cake or cupcake, cooked roasted lamb, crispy fried chicken, and canned salmon.

Examples of food or beverage descriptions for this category: dry pasta, unprepared rice, flour, couscous, oat bran, bread, dinner roll, cracker, english muffin, cake mix, cereal, biscuit, granola bar, dry milk, nuts, dehydrated soup, dried fruits, tea, coffee, baby food cereal, spices and chewing gum.

Examples of food or beverage descriptions for this category: powdered formula or prepared liquid formula.

For example:

Tip: If the location of the substance within the packaging or the types of foods that may be contained in and in contact with the packaging are unknown, indicate “Not reasonably accessible” or “unknown” in the Excel Reporting File.

Example of information required for Section 10:

In 2019, your company imported a total quantity of 120 kg of Substance A, as reported in Section 7. Ten (10) kg of Substance A was used as an intermediate to make reusable plastic containers and 30 kg was used to make disposable bowls. The containers were distributed to various retailers and the bowls to various hotel companies. Your retailers informed you that the consumers who buy the containers use them as they wish. The hotels informed you that they use the bowls as takeaway containers for soups. Hotel use of the containers is considered a commercial use. The concentration of Substance A in the container is 0.02 w/w% and 0.01-0.2 w/w% in the disposable bowls. The concentration may be reported with up to a three decimal precision as shown in Table 9.

Your company also manufactured in 2019 Substance B and used 1 000 kg of it as a monomer to produce an epoxy adhesive at a concentration of 0.03 w/w% that was distributed to more than 100 customers that you know further use the substance to make goods which are unknown to you. After trying to obtain Section 10 information on anticipated or final goods from your customers with no success, you decide that it would not be reasonably possible to report on final goods. You therefore report for Section 10 on your own good (i.e., the adhesive).

Furthermore, your company manufactured 10 000 kg of Substance C. You sell Substance C to over 150 customers, with 60 % going to Customer X. You work with your Customer X and determine that the substance is sold for commercial purposes as color developer in airline tickets. However, you are unable to determine the concentration of the substance in the tickets. Your other customers do not respond to your request for information.

Table 9: Example of information required for Section 10
Information requiredSubstance ASubstance ASubstance BSubstance C

CAS RN

aa-aa-a

aa-aa-a

bb-bb-b

cc-cc-c

Substance function code(s) that apply to the substance

U015 (Intermediate)

U015 (Intermediate)

U999 (Other)

Description: Monomer

U999 (Other)

Description: Color developer

For each substance function code, the application code(s) that describe the known or anticipated final goods containing the substance

C301.02 (Reusable food and beverage container)

C301.01 (Food packaging material, single-serve, single-use or disposable)

C201 (Adhesive and sealants)

C302.02 (Thermal Paper)

Whether the combination of substance function code and application code apply to the know or anticipated final goods or the person’s goods containing the substance

Known or anticipated final goods

Known or anticipated final goods

Own goods containing the substance

Known or anticipated final goods

Written description of the known or anticipated final goods

Reusable plastic containers

Disposable bowls

Industrial adhesive

Airline tickets

Concentration or range of concentrations of the substance (w/w%) in the good?

0.02

0.01-0.02

0.030

Not reasonably accessible

Quantity, or quantity range, of the substance in kilograms (kg) in the goods

10

30

1000

Not reasonably accessible

Common, generic, or trade namesa of the goods

Wholesome prep and savour reusable food storage container

MAX disposable bowls

Adhesive Full Force 1000

Full Color AMXE Flight Tickets

(a) use in commercial activitiesa

Yes

Yes

No

Yes

(b) use in consumer activitiesa

Yes

Yes

No

No

(c) use by or for children 14 years of age or youngera

Yes

Yes

No

No

Whether the substance is intended to or may be in direct contact with food or beverage

Yes

Not reasonably accessible

-

-

The types of food or beverage that could be contained in and in contact with the packaging or container

Consumers who buy the containers can put any type of food in them

Any type of soup

-

-

Notes

Substance was consumed in the reaction but some residual substance is left in the final good

Substance was consumed in the reaction but some residual substance is left in the final good

As a substance manufacturer and product producer, I have a complex supply chain. I tried to track down the information requested on final goods from my suppliers by email with no success.

60% of the substance manufactured was sold to one customer who informed me that the substance is used in thermal paper airline tickets. Concentration was not provided. Remaining customers have not provided information.

a Are generally not expected to be confidential, see part 12.
“-“ will be displayed as a gray cell in the Excel Reporting Form, indicating that data is not required based on the responses provided.

11. Section 11 – Reactants or components of Part 2 substances

Section 11 of the notice applies to Schedule 1 Part 2 reportable substances that were manufactured or used to produce a good, whether alone or in a good, for which the reporting criteria are met. For greater clarity, Section 11 does not apply to Part 1 substances and does not apply to Part 2 substances that are solely imported alone or within goods. Section 11 in the Excel Reporting File will narrow this down for you based on your responses to earlier Sections of the notice.

For each substance in Section 11 of the Excel Reporting File, you are required to provide:

Each reactant or component identified should at minimum level of specificity represent a distinct homologous group with a unique molecular formula and weight. Chemical identity is to be represented by CAS RN where known, otherwise a description of the chemical identity including representative structures of the components can be provided either in the Excel Reporting File or as an attachment to your submission.

The identity of the reactants or components of the substance may have been determined through analytical data and methods such as: chromatograms, spectral analyses (e.g., C or H-nuclear), nuclear magnetic resonance (NMR) spectra data, infrared or UV-VIS spectra data, mass spectra (MS) or atomic absorption spectra (AAS) data); and/or reference to peer reviewed articles supporting chemical identity and concentration information, or reference to industry or analytical standards such as the color index or International Organization for Standardization (ISO)-Standards for essential oils. You may wish to contact your supplier to obtain information on the chemical identity of the reactants or components of the substance.

The concentration or range of concentrations of each reactant or component forming the substance reported should be provided as a weight percentage (w/w%).

If the information on the identity of the reactants or components or their concentrations are not available, you will have the option in the Excel Reporting File to indicate that the information is not reasonably accessible.

Example of information required for Section 11

In 2019, you imported 1 000 kg of a substance from your supplier. The supplier has indicated that the substance is composed of Component A at 30-35%, Component B at 10-15%, and Component C at 50 to 60% and provided you with gas chromatography – mass spectral (GC-MS) data. The substance is used to produce a good. The substance is still present in the final good.

Table 10: Example of information required for Section 11
Part 2 CAS RNChemical identity of the reactants or components of the substanceCAS RN of the reactants or components of the substanceConcentration or range of concentrations of each reactant or component listed in paragraph (b) (w/w%)

aa-aa-a

Component A

bb-bb-b

30-35

aa-aa-a

Component B

cc-cc-c

10-15

aa-aa-a

Component C

dd-dd-d

50-60r

If available, you are encouraged to provide the GC-MS data as supplementary information as an attachment to your submission or through a Declaration of Stakeholder Interest.

If the composition of the reported substance is unknown, your supplier may be able to provide information on the chemical identity of the monomers, reactants or components of the substance.

12. Request for confidentiality

Pursuant to section 313 of the Act, any person who provides information in response to the notice may submit a written request that it be treated as confidential.

A request for confidentiality should only be made for information that is considered confidential under Canadian law.

If you provide information in response to the notice and have reason to believe your information is truly confidential, you are required to provide the reason for requesting confidentiality for each data element. Information can be declared as confidential for the following reasons:

Please note that as per the Approach to disclose confidential information and promote transparency in chemicals management, certain data elements are generally not expected to be confidential. Release of their information is seen as desirable to promote transparency. That is the case for the two following data elements requested in this notice:

Additional clarifications may be required to justify your request for confidentiality. If that is the case, you will be notified and given 20 days to provide further written justification for your request.

13. Blind submissions

To determine whether you meet the reporting criteria of the notice, and in order to fill out your response, communicating your needs up the supply chain is critical, including requesting information from a supplier of imported goods. The supplier may be reluctant to provide it to you if it is Confidential Business Information. In such a case, either the foreign supplier should report on your behalf or you and your supplier can agree to both participate in a joint response via blind submissions, where each party submits part of the information directly to the Substances Management Information Line, allowing you to meet your reporting obligation, while protecting the supplier’s trade secrets.

In instances where a blind submission is needed, you or your supplier will be required to provide a reason for the confidentiality request, and indicate which sections of the notice you and your supplier will be submitting to complete the submission.

Blind submissions can also be initiated by a supplier who knows or suspects that a customer should report, based on quantities purchased. In any case, a cover letter or note should be provided with each part of the blind submission indicating that the supplier’s submission completes the customer’s submission and indication of the substances or goods involved. Both parties must agree to this approach.

Example:

During 2019, you imported Product 123 into Canada from a foreign supplier. You follow up with your supplier to obtain information on the composition of Product 123 (CAS RN and concentration of the reportable substance in the product). Your supplier confirms that Product 123 contains a reportable substance and that based on the total quantity of Product 123 you purchased in 2019, you meet the reporting criteria outlined in Section 2 of the notice. However, your supplier is reluctant to share the composition of Product 123 since their formulation is confidential. After contacting the Substances Management Information Line to explain your particular situation and obtaining steps to follow, you submit a "Blind Submission" jointly with your supplier, in which:

14. Online reporting system

Environment and Climate Change Canada’s Single Window is an online data reporting system. Persons providing mandatory or voluntary responses to the notice shall use the system to provide a response through the “Chemicals Management Plan” (CMP) link on the Single Window Information Manager page. Foreign suppliers and authorized third parties can also use the system to provide information. Refer to the How to report using the Single Window Information Manager: guidance document for details on how to create and manage an account.

Once you have created an account, you will be logged into the Single Window Information Management system (SWIM) as a new user. You will then proceed to set up your profile. After that you must link your profile to your organization.

Tip: If the organization does not exist in the system, you will need to create it.

The following information is needed to create an organization in Single Window:

15. How to submit a s.71 response

If you meet the reporting criteria of the notice, you must provide your response using the online reporting system by following the steps described below in parts 15.1 and 15.2.

15.1 Download the excel reporting file

To prepare your response, download the BPA SAFA Excel Reporting File (ERF) and fill out the requested information making sure that the File Completion status in the STATUS tab is “Complete”. Detailed instructions for completing the file are included in the Instructions tab. If you need more rows for data entry than is provided in the Excel Reporting File, please contact the Substances Management Information Line. Your completed Excel Reporting File should be saved using the following file naming format "ORGANIZATION NAME BPA SAFA s71 ERF.xlsx" before starting the submission process.

15.2 Submit through Single Window

Once your SWIM profile and company are set-up and the Excel Reporting File is complete, navigate to the home page of SWIM and click on the "Chemicals Management Plan" link. On the Chemicals Management Plan's "Reporting Dashboard" page, select the "Chemicals Management – General" initiative and click on the "Search" button. The search result at the bottom of the page will display “CM – General” online form that should be used for uploading and submitting your Excel Reporting File. Click on the pencil icon under "Actions" on the right side of the form with status “New” to start the submission process.

Submitting via the "Chemicals Management – General" Initiative

  1. Fill in the "Identification" page and click "Save".
  2. On the "Substances to Report" page, which is accessed through the "Reporting Details" menu on the left side of the page, choose "Section 71 BPA SAFA" as the "Submission Purpose". Fill in the "Submission Title" as "BPA SAFA", and then click "Save".
    Note: Do not add substances. Substances only need to be selected in the Excel Reporting File.
  3. On the "General Document Upload" page, click "Add Document" and upload your completed Excel Reporting File. Then click "Add".
    a. If you indicated any information in the Excel Reporting File as confidential business information (CBI), click the lock symbol beside the "File Name".
    b. If you did not indicate any information as CBI, do not click the lock symbol beside the "File Name".
    Note: Prior to uploading, ensure that your completed Excel Reporting File is saved using the file name format: "ORGANIZATION NAME BPA SAFA s71 ERF.xlsx". The ORGANIZATION NAME should be identical to the “Company Name” listed on the Identification page of CMP's Chemicals Management - General initiative in Environment and Climate Change Canada’s Single Window.
    Click “Add Document” again to upload any other document that should be included as part of the submission, such as unpublished studies or data, and choose the appropriate CBI status of the file as per 3a and 3b above.
    Files should not exceed 20 MB. If they do, please contact the Substances Management Information Line.
  4. Do not complete the “Confidentiality Justification” section for the Chemicals Management – General. Should information be entered in this section, it will not override the confidentiality responses provided in the reporting file.
  5. Click "Save" at the bottom of the "General Document Upload" page.
    Note: All pages must be saved (even if they are left blank) in order for the green check mark to appear under each of the "Reporting Details" on the left menu.
  6. Return to the CMP "Reporting Dashboard" by clicking on the "Chemicals Management – General" link in the breadcrumbs at the top of the page and select "Submit" under "Actions".

Note: A completed online form must have a "Submitted" status on the CMP "Reporting Dashboard" in order for the data to be transmitted correctly. You will also receive a "Confirmation of submission" email to acknowledge receipt. We strongly recommend that you retain a copy of all documents that you submit.

Tip: You can save the CM-General form at any stage in the process and return later to complete and submit. Additionally, it is possible to amend a CM-General form once submitted.

16. Declaration of stakeholder interest

Persons not subject to the notice, but who have information the Government may find useful related to BPA SAFA substances, are encouraged to submit this information through a Declaration of Stakeholder Interest (SHI) via Environment and Climate Change Canada’s Single Windowonline reporting system. Stakeholder data supplementing a mandatory response to this notice can also be submitted. For example, if you did not have activity with a reportable substance in 2019, but had activity in another calendar year, you are encouraged to provide information deemed beneficial for the alternate calendar years by completing an SHI.

When providing information through an SHI, please indicate if any of the information is confidential and provide a rationale.

Please note that an SHI submission must be submitted separately from a mandatory section 71 submission following instructions detailed in Part 16.1. A company submitting both SHI information and mandatory information must submit two different submissions.

16.1 How to submit an SHI

Once your SWIM profile and organization are set-up (see Part 14), navigate to the home page of SWIM and click on the "Chemicals Management Plan" link. On the Chemicals Management Plan's "Reporting Dashboard" page, select the "Chemicals Management – General" initiative and click on the "Search" button. The search result at the bottom of the page will display the “CM – General” form that should be used to submit your SHI. Click on the pencil icon under "Actions" on the right side of the form with status “New” to start the submission process.

  1. Fill in the "Identification" page and click "Save".
  2. On the "Substances to Report" page, which is accessed through the "Reporting Details" menu on the left side of the page, choose "SHI BPA SAFA" as the "Submission Purpose". Fill in the "Submission Title" as "BPA SAFA", and then click "Save".
    Note: Do not add substances.
  3. On the "General Document Upload" page:
    a. Click "Add Document" and upload any pertinent documents. Under the “Notes” box, indicate the CAS RNs from the notice related to the document uploaded. Then click "Add".
    i. If any information in the uploaded file is considered as confidential business information (CBI), click the lock symbol beside the "File Name". Otherwise, do not click on the lock symbol.
    ii. Files should not exceed 20 MB. If they do, please contact the Substances Management Information Line.
    b. If applicable, you can select the appropriate justification(s) in the "Confidentiality Justification" section to provide rationale regarding the nature of the confidentiality request.
    c. If you have not uploaded a document, indicate the CAS RNs from the notice that you are reporting on and any specific information you are sharing on these in the "Notes" box at the bottom of the page.
  4. Click "Save" at the bottom of the "General Document Upload" page.
    Note: All pages must be saved (even if they are left blank) in order for the green check mark to appear under each of the "Reporting Details" on the left menu.
  5. Return to the CMP "Reporting Dashboard" by clicking on the "Chemicals Management – General" link in the breadcrumbs at the top of the page and select "Submit" under "Actions".

17. Declaration of non-engagement

Persons who have no involvement with any reportable substances and have no commercial interest may send a Declaration of Non-Engagement (DNE) email to the Substances Management Information Line. Indicate in the subject line of the email “BPA SAFA DNE” and specify your company name and its contact information.

18. Extensions

Requests for additional time to comply with this notice must be submitted in writing. The request must include:

It is important to note that you must request an extension of time in writing before March 16, 2022. No extensions will be granted after the deadline has expired. It is recommended that any request for an extension be submitted at least five business days before the deadline.

Requests for an extension of time should be sent to the Minister of the Environment, at the following email address: substances@ec.gc.ca.

19. Questions?

You may contact the Substances Management Information Line at 1-800-567-1999 (toll-free in Canada), 819-938-3232 (outside of Canada) or substances@ec.gc.ca for any inquiries concerning the notice. If using email, please indicate "BPA SAFA Notice Inquiry” in the subject line.

Appendix 1: Substance function codes and corresponding descriptions

Substance function codesTitleDescription

U001

Abrasives

Substances used to wear down or polish surfaces by rubbing against the surface.

U002

Adhesives and sealant substances

Substances used to promote bonding between other substances, promote adhesion of surfaces, or prevent seepage of moisture or air.

U003

Adsorbents and absorbents

Substances used to retain other substances by accumulation on their surface or by assimilation.

U004

Agricultural substances (non-pesticidal)

Substances used to increase the productivity and quality of farm crops.

U005

Anti-adhesive agents

Substances used to prevent bonding between other substances by discouraging surface attachment.

U006

Bleaching agents

Substances used to lighten or whiten a substrate through chemical reaction, usually an oxidative process which degrades the color system.

U007

Corrosion inhibitors and anti-scaling agents

Substances used to prevent or retard corrosion or the formation of scale.

U008

Dyes

Substances used to impart color to other materials or mixtures by penetrating into the surface of the substrate.

U009

Fillers

Substances used to provide bulk, increase strength, increase hardness, or improve resistance to impact.

U010

Finishing agents

Substances used to impart such functions as softening, static-proofing, wrinkle resistance, and water repellence.

U011

Flame retardants

Substances used on the surface of or incorporated into combustible materials to reduce or eliminate their tendency to ignite when exposed to heat or a flame.

U012

Fuels and fuel additives

Substances used to create mechanical or thermal energy through chemical reactions, or which are added to a fuel for the purpose of controlling the rate of reaction or limiting the production of undesirable combustion products, or which provide other benefits such as corrosion inhibition, lubrication, or detergency.

U013

Functional fluids (closed systems)

Liquid or gaseous substances used for one or more operational properties in a closed system. This code does not include fluids used as lubricants.

U014

Functional fluids (open systems)

Liquid or gaseous substances used for one or more operational properties in an open system.

U015

Intermediates

Substances consumed in a reaction to produce other substances for commercial advantage.

U016

Ion exchange agents

Substances that are used to selectively remove targeted ions from a solution. This code also includes aluminosilicate zeolites.

U017

Lubricants and lubricant additives

Substances used to reduce friction, heat, or wear between moving parts or adjacent solid surfaces, or that enhance the lubricity of other substances.

U018

Odour agents

Substances used to control odours, remove odours, mask odours, or impart odours.

U019

Oxidizing and reducing agents

Substances used to alter the valence state of another substance by donating or accepting electrons or by the addition or removal of hydrogen to a substance.

U020

Photosensitive substances

Substances used for their ability to alter their physical or chemical structure through absorption of light, resulting in the emission of light, dissociation, discoloration, or other chemical reaction.

U021

Pigments

Substances used to impart color to other materials or mixtures by attaching themselves to the surface of the substrate through binding or adhesion.

U022

Plasticizers

Substances used in plastics, cement, concrete, wallboard, clay bodies, or other materials to increase their plasticity or fluidity.

U023

Plating agents and surface treating agents

Substances applied to metal, plastic, or other surfaces to alter physical or chemical properties of the surface.

U024

Process regulators

Substances used to change the rate of a reaction, start or stop the reaction, or otherwise influence the course of the reaction.

U025

Processing aids, specific to petroleum production

Substances added to water, oil, or synthetic drilling muds or other petroleum production fluids to control foaming, corrosion, alkalinity and pH, microbiological growth or hydrate formation, or to improve the operation of processing equipment during the production of oil, gas, and other products or mixtures from beneath the earth’s surface.

U026

Processing aids, not otherwise covered in this table

Substances used in applications other than the production of oil, gas, or geothermal energy to control foaming, corrosion or alkalinity and pH, or to improve the operation of processing equipment.

U027

Propellants and blowing agents

Substances used to dissolve or suspend other substances and either to expel those substances from a container in the form of an aerosol or to impart a cellular structure to plastics, rubber, or thermoset resins.

U028

Solids separation agents

Substances used to promote the separation of suspended solids from a liquid.

U029

Solvents (for cleaning or degreasing)

Substances used to dissolve oils, greases and similar materials from textiles, glassware, metal surfaces, and other articles.

U030

Solvents (which become part of formulation or mixture)

Substances used to dissolve another substance to form a uniformly dispersed solution at the molecular level.

U031

Surface active agents

Substances used to modify surface tension when dissolved in water or water solutions, or reduce interfacial tension between two liquids or between a liquid and a solid or between liquid and air.

U032

Viscosity adjustors

Substances used to alter the viscosity of another substance.

U033

Laboratory substances

Substances used in a laboratory for chemical analysis, chemical synthesis, extracting and purifying other chemicals, dissolving other substances, and similar activities.

U034

Paint additives and coating additives not otherwise covered in this table

Substances used in a paint or coating formulation to enhance properties such as water repellence, increased gloss, improved fade resistance, ease of application or foam prevention.

U061

Pest control substances

Substances used as active ingredients in products, mixtures or manufactured items used for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects.

U062

Active ingredients in health products and drugs

Substances used as active ingredients in natural health products or prescription or non-prescription drugs.

U063

Flavourants

Substances used as non-medicinal ingredients or excipients in foods, natural health products, and drugs that impart a certain flavor to the food, natural health product or drug.

U064

Contaminants

Substances naturally present in a reactant or substances that are produced as a result of the manufacturing process and have no beneficial properties in the final product, mixture or manufactured item.

U065

By-products

Substances resulting from the manufacturing process, which can be partially or completely removed from the intended product, mixture or manufactured item and have commercial value on their own or when added to another product, mixture or manufactured item.

U066

Wastes

Substances that are removed from the final product, mixture or manufactured item during the manufacturing process and have no commercial value.

U067

Function of substance in imported manufactured item unknown

Substance function in imported manufactured item is unknown. To be used only for imported manufactured items.

U999

Other (specify)

Substances with a function not otherwise described in this table. A written description must be provided when using this code.

Appendix 2: Application codes and corresponding descriptions

PART 1 - Substances used for furnishings, cleaning, treatment or care
Application codesTitleDescription

C101

Floor coverings

Substances contained in floor coverings. This code does not include wood and pressed wood flooring products included in Building/Construction Materials – Wood and Engineered Wood code.

C102

Foam seating and bedding

Substances contained in foam mattresses, pillows, cushions, and any seating, furniture and furnishings containing foam.

C103

Furniture and furnishings not otherwise covered in this table

Substances contained in furniture and furnishings made from metal, wood, leather, plastic or other materials. This code does not include foam seating and bedding products.

C104

Fabric, textile and leather articles not otherwise covered in this table

Substances contained in fabric, textile and leather products to impart color and other desirable properties such as water, soil, stain repellence, wrinkle resistance, or flame resistance.

C105

Cleaning and furnishing care

Substances contained in products, mixtures or manufactured items that are used to remove dirt, grease, stains, and foreign matter from furniture and furnishings, or to cleanse, sanitize, bleach, scour, polish, protect, or improve the appearance of surfaces.

C106

Laundry and dishwashing

Substances contained in laundry and dishwashing products, mixtures or manufactured items.

C107

Water treatment

Substances contained in water treatment products, mixtures or manufactured items that are designed to disinfect, reduce contaminants or other undesirable constituents, and condition or improve aesthetics of water. Excludes any substance contained in pest control products as defined under the Pest Control Products Act.

C108

Personal care and cosmetics

Substances contained in personal care products, mixtures or manufactured items that are used for cleansing, grooming, improving or altering skin, hair, or teeth.

C109

Air care

Substances contained in products, mixtures or manufactured items that are used to odorize or deodorize indoor air in homes, offices, motor vehicles, and other enclosed spaces.

C110

Apparel and footwear care

Substances contained in apparel and footwear care products, mixtures or manufactured items that are applied post-market.

C160

Pet care

Substances contained in pet care products, mixtures or manufactured items that are used for cleansing, grooming, improving or altering skin, hair or teeth and intended for animal use.

PART 2 - Substances used for construction, paint, electrical or metal
Application codesTitleDescription

C201

Adhesives and sealants

Substances contained in adhesive or sealant products or mixtures used to fasten other materials together or prevent the passage of liquid or gas.

C202.01

Paints and coatings (excluding thermal paper coating)

Substances contained in paints or coatings, excluding thermal paper coating.

C202.02

Paint thinners and removers

Substances contained in paint thinners and removers.

C203

Building or construction materials — Wood and engineered wood

Substances contained in building and construction materials made of wood and pressed or engineered wood products, mixtures or manufactured items.

C204

Building or construction materials not otherwise covered in this table

Substances contained in building and construction materials not otherwise covered in this table.

C205

Electrical and electronics

Substances contained in electrical and electronic products, mixtures or manufactured items.

C206

Metal materials not otherwise covered in this table

Substances contained in metal products, mixtures or manufactured items not otherwise covered in this table.

C207

Batteries

Substances contained in non-rechargeable and rechargeable batteries including dry and wet cell units that store energy.

PART 3 - Substances contained in packaging, paper, plastic or hobby materials
Application codesTitleDescription

C301.01

Food packaging material, single-serve, single-use or disposable

Substances contained in single-serve, single-use or disposable or multi-layered packaging or containers consisting of paper, plastic, metal, foil or other materials, which is intended to or may come in direct contact with food or beverage. Includes but is not limited to, single-serve/disposable bowls, plates, cups, other serving-ware, as well as food cans and lid liners.

C301.02

Reusable food and beverage container

Substances contained in reusable single or multi-layered packaging or containers consisting of plastic, metal, rubber or other materials such as fabrics or textiles, which is intended to or may come in direct contact with food.

C302.01

Packaging (excluding food packaging), including paper articles

Substances contained in packaging products, mixtures or manufactured items, including paper packaging and excluding food packaging.

C302.02

Thermal paper

Substances contained in thermal paper and thermal paper coating such as point of sale receipts (e.g., cash registers, wireless payment terminals, ATMs, banks), labels (e.g., prescriptions, industrial barcodes, packaged items such as supermarket foods (e.g., deli meats, cheese, bulk items), retail shelf labels), tickets (e.g., airline, train, cinema, parking, theater, gaming, sporting events, amusement parks, arenas, museums, lottery) and laboratory printouts (e.g., ultrasound, electrocardiogram (EKG), printouts from other laboratory/medical recorders).

C302.03

Other paper articles

Substances contained in paper products, mixtures or manufactured items not otherwise covered in this table.

C303.01

Plastic materials not otherwise covered in this table

Substances contained in plastic products, mixtures or manufactured items not otherwise covered in this table.

C303.02

Rubber materials not otherwise covered in this table

Substances contained in rubber products, mixtures or manufactured items not otherwise covered in this table.

C304

Toys, playground and sporting equipment

Substances contained in toys, playground, and sporting equipment made of wood, metal, plastic or fabric.

C305

Arts, crafts and hobby materials

Substances contained in arts, crafts, and hobby materials.

C306

Ink, toner and colourants

Substances contained in ink, toners and colourants used for writing, printing, creating an image on paper; and substances contained in other substrates, or applied to substrates to change their color or hide images.

C307

Photographic
supplies, film and photo-chemicals

Substances contained in photographic supplies, film, photo-processing substances, and photographic paper.

PART 4 - Substances used for automotive, fuel, agriculture or outdoor use
Application codesTitleDescription

C401

Automotive care

Substances contained in products, mixtures or manufactured items used in automotive cleaning and care of exterior and interior vehicle surfaces. This code does not include antifreeze, de-icing products, or lubricants.

C402

Lubricants and greases

Substances contained in products, mixtures or manufactured items to reduce friction, heat generation and wear between solid surfaces.

C403

Anti-freeze and

de-icing

Substances added to fluids to reduce the freezing point of the mixture, or substances applied to surfaces to melt or prevent build-up of ice.

C404

Fuels and related products, mixtures or manufactured items

Substances burned to produce heat, light or power, or added to inhibit corrosion, provide lubrication, increase efficiency of use, or decrease production of undesirable by-products.

C405

Explosive materials

Substances capable of producing a sudden expansion, usually accompanied by the production of heat and large changes in pressure upon ignition.

C406

Agricultural products, mixtures or manufactured items (non-pesticidal)

Substances used to increase the productivity and quality of plants, animals or forestry crops produced on a commercial scale. Includes animal feed (any substance or mixture of substances for consumption by livestock, for providing the nutritional requirements of livestock, or for the purpose of preventing or correcting nutritional disorders of livestock, as defined in the Feeds Act and its Regulations).

C407

Lawn and garden care

Substances contained in lawn, garden, outdoor or potted plant and tree care products, mixtures or manufactured items. Excludes any substance contained in pest control products as defined under the Pest Control Products Act.

C461

Pest control

Substances contained in any product, mixture or manufactured item for directly or indirectly controlling, preventing, destroying, mitigating, attracting, or repelling any pest.

C462

Automotive, aircraft and transportation

Substances contained in automobiles, aircraft and other types of transportation, or used in their manufacture.

C463

Oil and natural gas extraction

Substances that are, or are contained, in any mixtures, products or manufactured items, used for oil and natural gas drilling, extraction or processing.

PART 5 - Substances contained in items for food, health or tobacco
Application codesTitleDescription

C562

Food and beverage

Substances contained in food and beverage products, mixtures or manufactured items.

C563

Drugs

Substances contained in prescription and non-prescription drugs intended for humans or animals.

C564

Natural health

Substances contained in natural health products, mixtures or manufactured items intended for humans or animals.

C565

Medical devices

Substances contained in products, mixtures or manufactured items used for either the diagnosis, treatment, mitigation or prevention of a disease, disorder, or an abnormal physical state; or those used in restoring, correcting or modifying organic functions in humans or animals.

C566

Tobacco products, mixtures or manufactured items

Substances contained in products, mixtures or manufactured items composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves.

PART 6 - Substances contained in products, mixtures or manufactured items not described by other codes
Application codesTitleDescription
C999OtherSubstances contained in products, mixtures or manufactured items that are not described within any other application code. 
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