Guidance for responding to the Notice with respect to certain high priority petroleum substances on the Domestic Substances List (DSL) (the notice)

Archived

This page has been archived on the Web.

Published in the Canada Gazette Part I on December 17, 2011

(PDF Version - 258 KB)

Information for completion of the December 17, 2011 section 71 notice

• Introduction
• 1. What is the Purpose of the Notice?
• 2. Where Can I Get a Copy of the Notice?
• 3. What substances are included?
• 4. Who is Required to Respond and What Sections Need to be Completed?
  • 4.1 Do I Manufacture?
  • 4.2 Do I Import?
  • 4.3 Do I Use?
  • 4.4 Exclusion
• 5. How to Submit a Blind Submission?
• 6. Schedule 3 of the Notice
  • 6.1 How Do I Report the total Quantities?
  • 6.2 What Are the North American Industry Classification System Codes?
  • 6.3 What Are the Industrial Function Codes and Consumer and Commercial Codes?
  • 6.4 Code Numbering System for Industrial Function Codes and Consumer / Commercial Codes
  • 6.5 What is a Release?
  • 6.6 What is a Transfer to an Off-site Waste Management Facility?
• 7. How to Complete the Sections of Schedule 3
  • 7.1 Section 3 of the Notice
  • 7.2 Section 4 of the Notice
  • 7.3 Section 5 of the Notice
  • 7.4 Section 6 of the Notice
  • 7.5 Section 7 of the Notice
  • 7.6 Section 8 of the Notice
  • 7.7 Section 9 of the Notice
  • 7.8 Section 10 of the Notice
• 8. Information to Which You May Reasonably be Expected to Have Access
• 9. How and to Whom do I Respond?
• 10. What is the Deadline for Responding?
• 11. What if I Need an Extension?
• 12. Inquiries - Whom to Contact?

Introduction

This document provides guidance for responding to the notice published in the Canada Gazette, Part I, on December 17, 2011, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (the Act). The document is available for guidance only and, in case of discrepancy between this document and the notice or the Act, the official versions of the notice and the Act take precedence.

Under the Petroleum Sector Stream Approach, information is being gathered on certain high priority petroleum substances so that informed decisions can be made and any potential risks that may be associated with these chemicals can be appropriately managed. There are approximately 160 substances included in the Petroleum Sector Stream Approach. Upon examination of information on their production and uses, the high priority petroleum substances were divided into five categories (or "streams"):

Stream 4 substances present a particular interest at this time, as they are likely to have different exposure patterns than those of the other four streams. The current Notice with respect to certain high priority petroleum substances on the Domestic Substances List (DSL) addresses Stream 4 substances. The notice requests information from manufacturers, importers and some users of the substances. Only users that manufacture a product or mixture may be subject to the notice. Also, certain types of import activity are excluded from the notice. The information collected from the notice will inform the risk assessment and, if necessary, risk management for this group of substances.

In addition, the Ministers invite the submission of additional information by interested stakeholders. In particular, stakeholders are encouraged to provide data relating to physical-chemical, toxicity or any other properties of a substance, as well as data relating to the extent and nature of the management and stewardship of these substances. Stakeholders may also submit additional information with respect to these substances, using the Stakeholder Interest Form available on the Government of Canada’s Chemicals Substances web site.

The December 17, 2011 notice and all documents related to the collection of information are available through the Government of Canada’s Chemical Substances web site.

Top of Page

1. What is the Purpose of the Notice?

The information collected from the notice may be used for assessing whether a substance is toxic or capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance.

The purpose of the notice is to gather information on substances listed under stream 4 of the Petroleum Sector Stream Approach in order to inform risk assessment and possible risk management activities. The type of information being collected includes:

• whether the substances covered under the notice were manufactured, imported or used in Canada during the 2010 calendar year;
• the relative quantities of these substances manufactured, imported, used or exported;
• the industrial sectors involved in the manufacture, import and use of the substances;
• the types of products, mixtures or manufactured items containing the substances;
• the suppliers of the substances;
• the purchasers of the substances; and
• the quantities of the substances being released to the environment or transferred to off-site waste-management facilities.

Persons, including companies, having recent activity with respect to any of these substances may be contacted for follow-up and, where necessary, more detailed information may be gathered.
Please review the reporting requirements and exclusions in section 4 of this document to determine whether or not you are subject to the notice.

Top of Page

2. Where Can I Get a Copy of the Notice?

The notice was published in Part I of the Canada Gazette, pursuant to paragraph 71(1)(b) of the Act on December 17, 2011. Links to view the notice published in the Canada Gazette can be found on the Government of Canada’s Chemical Substances web site.

Top of Page

3. What substances are Included?

The notice includes a list of 63 substances considered as high-priority for action and identified as belonging to Stream 4 of the Petroleum Sector Stream Approach. In order to determine if you are subject to the notice review the reporting requirements and exclusions (section 4 of this document). Certain types of import activities, such as import within an internal combustion engine, and use activities, such as use within a closed functional fluid system, are not captured by the notice.

The substances are listed below:

Schedule 1 of the Notice

(Excel Version - 33 KB)

Part 1 Substances

^[1] CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Part 2 Substances

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Part 3 Substances

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

4. Who is Required to Respond and What Sections Need to be Completed?

As outlined in Schedule 2 of the notice, the notice applies to any person who, during the 2010 calendar year, satisfied any of the following criteria:

To further clarify, (a) applies to manufacturers of a substance in Schedule 1, whereas (c) applies to manufacturers of mixtures or products but not manufacturers of manufactured items. Therefore if you are an end-user of a substance, use a substance within a product or manufactured item or use the substance to manufacture a manufactured item you would not be subject to the notice.

A person must respond to the notice if the reporting threshold for an activity is met during the 2010 calendar year. The quantity of a substance that a person manufactured, imported or used should be determined based on the quantity of the substance itself, and not on the quantity of the product, mixture or manufactured item containing the substance. Examples of how to determine whether a company meets the reporting threshold are below:

Example 1:

1. Company meets the reporting threshold:
   In 2010, if your company imported 400 kg of Product X that contains 50% of a reportable substance, then 200 kg of the substance was imported. The reporting threshold is met.
2. Company meets the reporting threshold:
   In 2010, if your company imported 500 kg of Product X that contains 10% of a reportable substance and 300 kg of Product Y that contains 50% of the same reportable substance, then 200 kg of the substance was imported. The reporting threshold is met.
3. Company does not meet the reporting threshold:
   In 2010, if your company manufactured 80 kilograms of a reportable substance, then the reporting threshold is not met.

Subsection 71(3) of the Act states that every person to whom a notice was issued under paragraph 71(1)(b) of the Act must comply with the notice within the time specified in the notice. The time specified in the notice is May 18, 2012, 3 p.m. Eastern Daylight Saving Time.

If the person subject to the notice is a corporation who owns or operates more than one facility, a single response to the notice shall be submitted.

Top of Page

4.1 Do I Manufacture?

Schedule 2 of the notice specifies that the notice applies to any person who, during the 2010 calendar year, manufactured a total quantity greater than 100 kg, at any concentration, of a substance listed in Schedule 1.

The manufacture of a substance relates to the creation or production of the substance itself, and not to the manufacture of a mixture, product or manufactured item using the substance.

Substances that are extracted from natural deposits are considered to have been manufactured. For example, natural gas condensates are extracted from natural gas deposits, then separated or purified from the extract. If you extract a substance from a natural deposit, and through quantification of the substance you determine that you meet the threshold for reporting, then you are required to respond to the notice.

Incidental production of the substance is also reportable under the notice:

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.

The use of a substance listed in Schedule 1 in the manufacture of mixtures or products may be reportable. Information on the reporting requirements for users of a reportable substance is given below.

Top of Page

4.2 Do I Import?

Schedule 2 of the notice specifies that the notice applies to any person who, during the 2010 calendar year, imported a total quantity greater than 100 kg, at any concentration, of a substance listed in Schedule 1, whether alone, in a mixture, in a product or in a manufactured item. Import relates specifically to the movement into Canada from another country of any substance identified in Schedule 1 to the notice or any mixture, product or manufactured item that contains such a reportable substance. Section 4.4 (Exclusions) details certain types of import activity that are not subject to the notice, review this section to determine whether or not you are required to respond to the notice.

If you are aware that an imported mixture, product or manufactured item contains a substance included in the notice, you are required to report on this substance if you meet the reporting threshold. You are required to provide information that your company possesses or to which your company may reasonably be expected to have access (more information on this topic is presented in section 8 of this guidance document).

For the purpose of the notice, possible situations where you are considered to “import” include, but are not limited to, the following examples:

Example 2:

• You are an individual, company or other person in Canada that ordered or purchased, from a foreign supplier, a substance listed in Schedule 1 to the notice, or a mixture, product or manufactured item containing such a substance that was shipped directly from a foreign source (such as a person or company situated outside of Canada) to your location in Canada.
• You are an individual, company or other person in Canada that ordered or purchased, from a foreign supplier, a substance listed in Schedule 1 to the notice, or a mixture, product or manufactured item containing such a substance that was shipped directly from a foreign source to an address in Canada (including a distribution warehouse) on your request.
• You are an individual, company or other person in Canada that received a substance listed in Schedule 1 to the notice, or a mixture, product or manufactured item containing such a substance as an internal company transfer from a foreign source.

Your activities do not meet the definition of “import” if you purchased or received a reportable substance or a mixture, product or manufactured item containing a reportable substance that was already located in Canada.

Top of Page

4.3 Do I Use?

Schedule 2 of the notice specifies that the notice applies to any person who, during the 2010 calendar year, used a total quantity greater than 1 000 kg, at any concentration, of a substance listed in Schedule 1, whether alone or in a mixture, in the manufacture of a mixture or product. The substance is only reportable whether it was used in such a manner alone or in a mixture. Therefore, those that use over 1 000 kg of a substance when it is alone or in a mixture and manufacture a mixture or product are subject to the notice. If the substance is used while it is a part of a product or manufactured item then you would not be required to respond to the notice.

Examples of uses that would meet the description above include:

Example 3:

• You blend Substance A with other components to make Product Z.
• You react Substance B with Substance C as a chemical intermediate to prepare Product Y.
• You use Substance D as a catalyst, add it to other components to produce Product X.
• You repackage Substance E from bulk containers to smaller containers before selling the substance to customers.
• Substance F is an impurity within Mixture W. Mixture W is blended with other components to make Product  V.

Examples of uses that would not meet the description above include:

Example 4:

• You use Product X which contains Substance A to service machinery; including machinery used for the manufacture of your products.
• You purchase Product Y which contains Substance B from your supplier, and distribute the product to your customers without repackaging Product Y.
• You load Substance C onto a carrier and ship the substance to three other companies.
• You use Substance D as a mixture to build roadways. Roadways are manufactured items.
• You use Substance F to manufacture automotive parts. Automotive parts are manufactured items.

Top of Page

4.4 Exclusions

Various exclusions exist in the notice and it is important to review this section to determine whether or not you are subject to the notice.

In addition to the exclusions listed below, the description of a user (refer to section 4.3) excludes the following:

• end-users of the substance;
• users of the substance that manufacture a manufactured item; and
• users that use the substance when it is in a product or manufactured item.

The notice does not apply to a substance, whether alone, or in a mixture, product or manufactured item, that is:

Information relating to asphalt where it is used or intended for use in paving and roofing mixtures, products or manufactured items is excluded. A large proportion of asphalt is used in paving and roofing applications and initial data analysis has determined that information requested in the notice is not currently required for these uses.

Respondents to the notice who:

However, a person who owns or operates a petroleum refining or upgrading facility that was subject to the Notice with respect to certain high priority petroleum substances, published on March 8 2008, is not required to respond to questions related to Part 2 and 3 of Schedule 1 substances in the notice with respect to that facility.

For example, a person who owns a petroleum refining facility where CAS RN 8030-30-6 (Naphtha, a substance in Part 3 of Schedule 1) was manufactured in 2008 and who responded to the 2008 notice, is not required to provide any information on this substance, or any other substances in Part 2 or Part 3 of Schedule 1, that he may have an activity with at that same refining facility. However, the person is required to respond to questions related to Part 1 of Schedule 1 substances for that facility if they meet the reporting requirements of the present notice.

If that person owns other facilities which were not subject to the 2008 notice, and meets the reporting requirements, the person is required to respond to questions related to Schedule 1 substances with respect to these other facilities if they meet the reporting requirements of the notice.

Top of Page

5. How to Submit a Blind Submission?

Since customers may purchase several different mixtures, products or manufactured items that contain the substance, or may import the same item from several suppliers, it may be difficult to determine if the total quantity meets the threshold.  If a supplier knows/suspects that a customer should report, based on quantities purchased, the supplier may choose to inform the customer of this.

Customers may ask their suppliers if the products they purchase contain substances listed in Schedule 1 to the notice.  Suppliers looking to protect their formulations as confidential business information may be reluctant to provide the information to their customers.  In this case, suppliers and customers can work together in order for each person to provide the information via a "blind submission".

For further information on blind submissions, please contact the Substances Management Information Line (see Section 12 of this document for details).

Top of Page

6. Schedule 3 of the notice

6.1 How do I Report the Total Quantities?

It is necessary to report the total quantities manufactured, imported, used, exported, transported, sold, released and transferred for the substances listed in Schedule 1 to the notice by indicating the appropriate quantity. All reported quantities for manufacture, import, use, export, transport and sale must be rounded to the nearest kilogram (kg), if less than 1 000 kg or rounded to the nearest hundred kg, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kg if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kg if greater than 100 000 kg. Quantities released or transferred must be rounded to the neared kilogram (kg).

Quantities must be provided for the substance itself, and not the mixture, product or manufactured item in which it may be contained.

Top of Page

6.2 What Are the North American Industry Classification System Codes?

You are required to report each applicable six-digit North American Industry Classification System (NAICS) code with respect to each of your activities with the substance, or the product, mixture or manufactured item containing the substance. The code will provide general information on the number and types of sectors involved with the substances listed in the notice.

The NAICS codes were developed by Statistics Canada, the U.S. Office of Management and Budget, and Mexico's Instituto Nacional de Estadistica Geografia e Informatica, to enable the national agencies to collect comparable statistical data.

To determine which NAICS code applies to the activities on which you are reporting, a list of six-digit NAICS codes is available at the North American Industry Classification System (NAICS) 2007 on the Statistics Canada web site (note that the NAICS code(s) web address is case sensitive).

Top of Page

6.3 What Are the Industrial Function Codes and Consumer and Commercial Codes?

Industrial Function Codes and Consumer and Commercial Codes were developed jointly among the United States Environmental Protection Agency, Health Canada and Environment Canada in order to facilitate the exchange of information between the United States and Canada and to encourage consistency in reporting on chemical substances by industry.

For all substances, you are required to report the Codes that apply to the activity involving each reportable substance. Please refer to sections 11 and 12 of the notice or pages 14-19 of the present document for the list of codes and their corresponding applications.

Industrial function refers to the intended physical or chemical characteristic for which a chemical substance or mixture is consumed as a reactant; incorporated into a formulation, mixture, reaction product, or article; or used (e.g., Pigments).

Consumer activity refers to the use of a substance that is directly, or as part of a mixture, a product, or a manufactured item, 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.

Example 5:

1. Substance has a consumer activity:
   In 2010, if your company sold a product containing Substance X to an enterprise that sold it to consumers for their personal use, the substance had a consumer use.
2. Substance has a consumer activity:
   In 2010, if your company imported a product containing Substance Y and it was then sold directly to customers for their personal use, then the substance had a consumer use.
3. Substance does not have a consumer activity:
   In 2010, if your company sold a mixture containing Substance Z to another enterprise that used the mixture in their industrial operation, then the substance did not have a consumer use.

Commercial activity refers to the use of a substance or the use of a mixture, product or manufactured item containing a substance, by a commercial enterprise providing saleable goods or services.

Example 6:

1. Substance has a commercial activity:
   In 2010, if your company sold a product containing Substance A to an enterprise that used the substance for their industrial operation, then the substance had a commercial use.
2. Substance has a commercial activity:
   In 2010, if your company used Substance B when providing services to other persons or companies, then the substance had a commercial use.
3. Substance does not have a commercial activity:
   In 2010, if your company imported Substance C that was entirely used within your company’s operations, then the substance did not have a commercial use.

Top of Page

6.4 Code Numbering System for Industrial Function Codes and Consumer/Commercial Codes

All code numbers consist of one letter followed by a three-digit number. A basic structure of [Type], [Group #], [Code #] is applied to all codes where: 

Example:

Code C203, “Building / Construction Materials - Wood and Engineered Wood Products”, is a consumer and commercial product code ([Type] is “C”), which belongs to group 2 ([Group #] is 2), and is the third code listed in this group ([Code #] is 03). 

Number 999 is reserved for the “Other” code in both industrial function codes (U999) and consumer and commercial codes (C999). When selecting this code, a written description of the industrial function or consumer and commercial activity must be provided.

Industrial Function Codes

Consumer and Commercial Codes

List of Consumer and Commercial Code Groups

Table 1. Substances in furnishings, cleaning, treatment or care

Table 2. Substances in construction, paint, electrical or metal

Table 3. Substances in packaging, paper, plastic or hobby

Table 4. Substances in automotive, fuel, agriculture or outdoor use

Table 5. Substances in items for food, health or tobacco

Table 6. Substances in products, mixtures or manufactured items not described by other codes

Top of Page

6.5 What is a Release?

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

Release includes emission or discharge of a substance in any form, whether the release is intentional or non-intentional.

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

• emissions to air - discharges through a stack, vent or other point release, losses from storage and handling of the substance or products containing the substance, fugitive emissions, spills and accidental releases and other non-point releases;
• releases to surface waters - discharges, including discharges to municipal wastewater collection or treatment system plants, spills and leaks;
• releases to land - underground injections, discharges to groundwater, discharges resulting from spills, leaks and other.

Top of Page

6.6 What is a Transfer to an Off-site Waste Management Facility?

A transfer to an off-site waste management facility is any movement of a substance to a facility, including a third party facility, which will handle, recycle or dispose of the substance (either as hazardous waste or non-hazardous waste).

For the purpose of the notice, a transfer to an off-site waste management facility is not considered to be a release.

Top of Page

7. How to Complete the Sections of Schedule 3

7.1 Section 3 of the Notice

Identification and Declaration Form

The Identification and Declaration Form is provided for three reasons:

1. to update the identification and contact information of each person who responds to the notice;
2. to require certification of the accuracy of the response; and
3. to request confidentiality.

You must submit an original signed version of the Identification and Declaration Form to the Minister of the Environment.

Confidentiality requests

Pursuant to section 313 of the Act, any person who provides information in response to the notice may submit, with the information, a written request that it be treated as confidential. A request for confidentiality may be submitted for all or part of the information provided. A request should only be made for information that is truly confidential. Despite a request for confidentiality the Minister of the Environment may disclose information in accordance with sections 315, 316 or 317 of the Act.

Some examples of where a request for confidentiality has been made include:

• the information is confidential to your company and has consistently been treated as such by your company;
• your company has taken, and intends to continue to take, measures that are reasonable in the circumstances to maintain the confidentiality of the information;
• the information is not, and has not been, reasonably obtainable by third persons by use of legitimate means, except with the consent of your company;
• the information is not available to the public;
• disclosure of the information may reasonably be expected to cause substantial harm to the competitive position of your company; or,
• disclosure of the information may reasonably be expected to result in a material financial loss to your company or a material financial gain to your company’s competitors.

Upon receipt of a request for confidentiality under section 313 of the Act, in relation to information submitted pursuant to the notice, the Minister of the Environment shall not disclose that information, except in accordance with section 315, 316 or 317 of the Act.

Top of Page

7.2 Section 4 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was manufactured, or that was imported whether alone, in a mixture, in a product or in a manufactured item, or that was used whether alone or in a mixture in 2010, provide:

• CAS RN of the substance in column (a);
• name of the substance in column (b); and
• in column (c), the applicable Industrial Function Code(s), (found in section 11 of the notice or pages 14-16 of this document), that apply to the substance that is listed in column (a). If you do not know the exact use of the substance, then choose the Industrial Function Code(s) that are consistent with the most complete and accurate information available to you.If code U999 is applicable, a written description of the substance function must be provided.
• for each applicable Industrial Function Code that was listed in column (c), provide:
• the total quantity of the substance that was manufactured, imported, used and exported, if applicable, during the 2010 calendar year, by indicating the total quantity of the substance in kilograms (rounded to the nearest kilogram, if less than 1 000 kg; rounded to the nearest hundred kilograms, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kilograms if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kilograms if greater than 100 000 kg) in column (d) under the appropriate activity.
• in column (e) indicate each applicable six-digit North American Industry Classification System (NAICS) code(s) that applies to each of your activities with the substance, or with the product, mixture or manufactured item containing the substance. If your company has a large spectrum of activities, please select a NAICS code that applies to the activity your company has with the substance being reported in column (a).

Example 7:

In 2010, you manufactured 200 kilograms of Stoddard solvent (CAS RN 8052-41-3). You then sold the substance to customers in Canada to be used on-site as a solvent for cleaning and degreasing (U029). Your primary activity with the substance is the conversion of petrochemicals into basic organic chemicals, which has the applicable NAICS code 325190 (Other basic organic chemical manufacturing).

^[1] CAS RN: Chemical Abstracts Service Registry Number.
^[2] North American Industry Classification System

Top of Page

7.3 Section 5 of the Notice

For each substance listed in Part 2 of Schedule 1, that was manufactured or that was imported, whether alone or in a mixture, in 2010, provide the following:

• CAS RN of the substance in column (a); and
• the quantity of the substance that was transported directly from the manufacturing facility or import facility to another facility or customer by truck, by rail, by ship and by pipeline by indicating the total quantity of the substance in kilograms (rounded to the nearest kilogram, if less than 1 000 kg; rounded to the nearest hundred kilograms, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kilograms if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kg if greater than 100 000 kg) per mode of transportation in column (b).

This section pertains to the bulk transport of substance, and therefore if a Part 2 substance was imported within a product or manufactured item then a response to Section 5 of the notice is not required.

Example 8:

In 2010, you manufactured 20 000 kg of Natural gas condensates (CAS RN 68919-39-1) and sent 12 000 kg to your customers by rail, and 8 000 kg by pipeline.

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

7.4 Section 6 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was imported, whether alone, in a mixture, in a product or in a manufactured item or that was used, whether alone or in a mixture, in 2010, provide the following:

• CAS RN of the substance in column (a); and
• the name, head office street and mailing addresses, contact name, phone number and e-mail of the supplier(s) in column (b).

Example 9:

In 2010, you purchased and imported the substance Solvent naphtha (petroleum), light arom. (CAS 64742-95-6).

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

7.5 Section 7 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was imported, whether alone, in a mixture, in a product or in a manufactured item, or used, whether alone or in a mixture in 2010, provide the following:

• CAS RN of the substance in column (a);
• in column (b) indicate the applicable Consumer and Commercial Code(s) (found in section 12 of the notice or pages 16-19 of this document) that apply to the substance that was imported or used, or to the product, mixture or manufactured item containing that substance. Where code C999 is used, a written description of the activity must be provided. The Consumer and Commercial Code(s) reported should apply to the substance whether alone, in a mixture, in a product or in a manufactured item.
• For each applicable Consumer and Commercial Code listed in column (b), provide:
• in column (c), the quantity, in kilograms (rounded to the nearest kilogram, if less than 1 000 kg; rounded to the nearest hundred kilograms, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kilograms if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kilograms if greater than 100 000 kg), of the substance that was imported or used;
• in column (d), the concentration or range of concentrations of the substance by weight (w/w%) in the mixture, product or manufactured item that was imported or the mixture used; and
• in column (e), the top five trade names of the mixture, product or manufactured item that was imported or the mixture that was used.

Example 10:

In 2010, you imported the substance Solvent naphtha (petroleum), light arom. (CAS 64742-95-6) within a household wood care product called Wood 327G. The Consumer and Commercial Code applicable in this case is C105 (Cleaning and Furnishing Care). The total quantity of the substance imported is 2100 kg. The concentration of the substance within the wood care product is 6.8%.   

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Example 11:

In 2010, you purchased Solvent naphtha (petroleum), light arom. (CAS 64742-95-6), within a mixture called Solvent naphtha 1, to be used as a formulation component. The total quantity of the substance used is 1300 kg. The concentration of the substance within the mixture is 75%.

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

7.6 Section 8 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was used, whether alone or in a mixture, in 2010, provide the following on the substance or the known or anticipated final product or mixture:

• CAS RN of the substance in column (a);
• in column (b) indicate the applicable Consumer and Commercial Code(s) (found in section 12 of the notice or pages 16-19 of this document) that apply to the known or anticipated final mixture or product containing the substance. Where code C999 is used, a written description of the activity must be provided.
• For each applicable Consumer and Commercial Code listed in column (b), provide:
• in column (c), the quantity, in kilograms (rounded to the nearest kilogram, if less than 1 000 kg; rounded to the nearest hundred kilograms, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kilograms if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kilograms if greater than 100 000 kg), of the substance that was used;
• in column (d), the concentration or range of concentrations of the substance by weight (w/w%) in the known or anticipated final mixture or product;
• in column (e), the top five trade names of the known or anticipated final mixture or product; and
• in column (f), indicate with a “Yes” or “No” whether the known or anticipated final mixture or product is intended for sale to the general public.

Example 12:

In 2010, you used Solvent naphtha (petroleum), light arom. (CAS 64742-95-6), within a mixture called Solvent naphtha 1, as a formulation component to manufacture a household paint named Nice Paint and a commercial pesticide sold under the name Pest Gone. The applicable Consumer and Commercial Code for the paint is C202 (Paints and Coatings) and for the pesticide, C461 (Pest Control). Of the 1300 kg that were used, 700 kg were used to formulate the paint and 600 kg were used to manufacture the pesticide. The concentration of the substance is 0.2% in the paint and 0.1% in the pesticide.  

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

7.7 Section 9 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was manufactured, or that was imported whether alone, in a mixture, in a product or in a manufactured item, or that was used whether alone or in a mixture in 2010, provide:

• the CAS RN of the substance in column (a);
• the name, head office street and mailing addresses, contact name, phone number and e-mail of a maximum of 20 persons (customers) in Canada to whom the largest quantity of the substance was sold in column (b); and
• in column (c) indicate the total quantity in kg (rounded to the nearest kilogram, if less than 1 000 kg; rounded to the nearest hundred kilograms, if greater than 1 000 kg and less than 10 000 kg; rounded to the nearest thousand kilograms if greater than 10 000 kg and less than 100 000 kg; rounded to the nearest ten thousand kilograms if greater than 100 000 kg) of the substance that was sold to each person listed in column (b).

Example 13:

In 2010, you manufactured 900 kg of the substance Distillates (petroleum), heavy thermal cracked (CAS RN 64741-81-7) and sold it to two companies in Canada.

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

7.8 Section 10 of the Notice

For each substance listed in Part 1, Part 2 or Part 3 of Schedule 1 that was manufactured, or that was imported whether alone, in a mixture, in a product or in a manufactured item, or that was used whether alone or in a mixture in 2010, provide:

• CAS RN of the substance in column (a);
• the name and street and mailing addresses of the facility where the substance was manufactured or used, or the facility to which it was imported in column (b); and
• For each facility listed in column (b), indicate
• In column (c) indicate “Yes” or “No” whether any repackaging of the substance has occurred in 2010;
• the total quantity in kg (rounded to the nearest kg) of the substance that was released from the facility to air, water or land in column (d);
• the source of releases to air, water or land in column (e);
• the physical state of the substance released in column (f);
• a description of any technological solutions in place to prevent or minimize releases to the environment or the potential exposure of individuals in Canada to the substance, if applicable, in column (g); and
• the total quantity of the substance that was transferred to an off-site hazardous or non-hazardous waste-management facility, reported in kilograms and rounded to the nearest kilogram in column (h).

If you know the substance was not released, indicate “0” in column (d).

Technological solutions relate to means put in place in each facility to prevent or minimize releases of the substance to the environment, or exposure of individuals to the substance. Examples of technological solutions include, not limited to:

• scrubbers, bag filters to prevent releases to air;
• primary, secondary or chemical on-site wastewater treatment equipment.

Example 14:

In 2010, you used the substance Residual oils (Petroleum), solvent refined (CAS RN 64742-01-4) at your facility. During the 2010 calendar year, you bought the substance in bulk and repackaged it in smaller containers for sale to your customers. A spill caused 1 kg of the substance to be released to water. There is a secondary wastewater treatment system on site. Additionally, 10 kg were transferred to an off-site, hazardous waste management facility.

^[1] CAS RN: Chemical Abstracts Service Registry Number.

Top of Page

8. Information to Which you May Reasonably be Expected to Have Access

You are required to provide information that your company possesses or to which you may reasonably be expected to have access. For example, when importing a substance, mixture, product or manufactured item, you may reasonably be expected to have access to import records and the relevant Material Safety Data Sheet (MSDS). An MSDS is an important source of information on the composition of a purchased product. Note that the goal of the MSDS is to protect the health of the workers, not the environment. Therefore, a MSDS may not list all product ingredients on which the Minister of the Environment is requiring information under the notice. You may wish to contact your supplier for more detailed information on product composition. Manufacturers would be reasonably expected to have access to their formulations.

Also, a company may have access to its parent company’s information regarding substances, mixtures, products or manufactured items. You are not required to conduct tests to comply with the notice.

The notice is seeking to identify all persons with interest in or activity involving the substances listed in Schedule 1 to the notice. The goal is to ensure regulatory decisions are made considering all business activities in Canada.

Top of Page

9. How and to Whom Do I Respond?

Responses to the notice must be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator. Responses can also be submitted electronically, using the online reporting tool available on the Government of Canada’s Chemical Substances web site.

The form must be "Submitted" to transmit the data. To complete the submission, a signed paper copy of the completed section 71 notice must be received by the Substance Management Coordinator at:

By mail:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau, QC
K1A 0H3                             

By courier:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau, QC
J8X 4C6

Or fax the form to 819-953-7155

Top of Page

10. What is the Deadline for Responding?

Every person to whom the notice applies is required to comply with the notice no later than May 18, 2012, 3 p.m. Eastern Daylight Saving Time.

Top of Page

11. What if I Need an Extension?

As provided in subsection 71(4) of the Act, you may submit a written request for an extension of time to comply with the notice. The request for an extension should include the CAS RN of the substances on which information will be reported and provide a reason for the request. Address your request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Coeur Boulevard, 8th Floor, Gatineau QC  K1A 0H3. You may send your request by mail, by fax at (819) 953-7155 or by e-mail at Substances@ec.gc.ca. Please note that you must request an extension of time before expiry of the May 18, 2012, 3 p.m. Eastern Daylight Saving Time deadline. 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 May 18, 2012, so that a request can be processed by the Minister of the Environment before expiry of the deadline.

Top of Page

12. Inquiries - Whom to Contact?

If you have an inquiry, please contact the Substances Management Information Line at the following numbers or email address:

• Telephone:
  800-567-1999 (toll-free in Canada) or 819-953-7156 (outside of Canada)
• Fax: 819-953-7155
• Email: Substances@ec.gc.ca