Guidance for the section 71 notice with respect to certain coal tars and their distillates

The Notice on certain coal tars and their distillates pertains to 6 substances. The scope of the notice will allow the Government of Canada to capture critical information on the current commercial status, such as commercial quantities and use patterns of these substances including their mixtures, products and manufactured items. Information gathered from this notice will be used to inform risk management decision-making.

As outlined in subsection 71(1) of CEPA, information collected under this notice will be used to inform on "whether to control, or the manner in which to control the substance".

Guidance manual

You are required to provide information that your company possesses or to which you may be reasonably expected to have access. For example, manufacturers would be reasonably expected to have access to their formulations. When importing a substance, mixture or product you may be reasonably expected to have access to import records and Safety Data Sheets (SDS) that contain information on the composition of the imported goods. Your supply chain and sector association may be able to provide more detailed information on product composition.

Suppliers may have information that you may not be aware of as an importer. Working with your supply chain to obtain the requested information will help the Government of Canada ensure all activities related to the substances are considered before taking any further action.

The notice applies to those who, during the 2017 calendar year, met any of the following criteria:

  • Manufactured more than 500 kg of any substance listed in Schedule 1 of the notice;
  • Imported more than 500 kg of any substance listed in Schedule 1 of the notice whether the substance, at a concentration equal to or above 5% by weight (w/w%), is alone, in a mixture, in a product or in a manufactured item and that is intended for roofing or paving purposes; and
  • Used more than 500 kg of any substance listed in Schedule 1 of this notice at a concentration equal to or above 5% by weight (w/w%) in the manufacture of a mixture, a product or a manufactured item that is intended for roofing or paving purposes.

For guidance to help determine if you are subject to the notice and for assistance with completing the various sections of the notice, you may refer to the guidance manual.

Substances list

CAS RN DSL Name
8007-45-2 Tar, coal
65996-82-9 Tar oils, coal
65996-89-6 Tar, coal, high-temperature
65996-90-9 Tar, coal, low-temperature
65996-91-0 Distillates (coal tar), upper
65996-93-2 Pitch, coal tar, high-temperature
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