Fact sheet: oil and gas industry

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Find out about the New Substances Notification Regulations

If you import or manufacture new substances, you may be required to notify these substances pursuant to the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the New Substances Notification Regulations (NSNR). CEPA 1999 requires that the prescribed information under the NSNR be submitted to the Minister of the Environment prior to the import or manufacture of new substances. The following information may help you to determine your responsibilities under CEPA 1999.

There are many substances identified as chemicals/polymers for use in the oil and gas industry. These substances must be notified in accordance with the NSNR if they are not listed on the Domestic Substances List (DSL).

The types of regulated substances include:

• Lubricants
• Fluid Loss Additives
• Drilling Fluids
• Xylene Replacements
• Corrosion Inhibitors
• Foamers
• Scale Inhibitors
• Oil Field Solvents
• Surfactants
• Fracturing Fluids

As technology develops rapidly, many new biotechnology products are entering the market. Biotechnology products used in the following activities may be subject to the NSNR:

• Microbial Enhanced Oil Recovery
• Microbial Prospecting
• Bioremediation
• Biodesulphurization
• Bioremediation

See reverse for details on the NSNR and contact information.

We all benefit when you comply with the law.

New Substances Notification Regulations (NSNR)

Why such regulations?

As part of the "cradle to grave" management approach for toxic substances laid out in the Canadian Environmental Protection Act, 1999, the New Substances Notification Regulations (NSNR) are an integral part of the federal government's national pollution prevention strategy.

The CEPA 1999 approach to the control of new substances is both proactive and preventative, employing a pre-import or pre-manufacture notification and assessment process. When this process identifies a new substance that may pose a risk to health or the environment, the Act empowers Environment Canada to intervene prior to or during the earliest stages of its introduction into Canada. This ability to act early makes the new substances program a unique and essential component of the federal management of toxic substances.

What is a substance?

A substance is described as any distinguishable kind of organic or inorganic, animate or inanimate.

What is a new substance?

A new substance is any substance that does not appear on the Domestic Substances List (DSL) of CEPA 1999.

What is the Domestic Substances List?

The DSL is a compilation of all known substances that were in Canadian commerce between 1984 and 1986 or that were added to the DSL in accordance with CEPA 1999. In certain circumstances, the Minister of the Environment may amend the DSL by adding or deleting substances according to CEPA 1999.

Where can I get a copy of the Domestic Substances List?

The DSL can be searched on the New Substances Website.

Any substance that does not appear on the DSL is subject to the NSN Regulations.

Are there new substances that are not subject to the NSNR?

Yes. Substances regulated under any other Federal Acts that require notice prior to import or manufacture and that require an assessment of toxicity are not subject to the NSNR. These Acts are listed on Schedule 2 and 4 of CEPA 1999.

I want to manufacture or import a new substance. What should I do?

Please consult us in advance of initiating the manufacture or importation process of a new substance. You will need information on the composition and use of the new substance for you to determine how to fulfill your obligation under CEPA 1999 and the NSNR.

You must fulfill the requirements of the NSNR before manufacturing or importing a new substance. Enforcement of the NSNR will be conducted in accordance with the Compliance and Enforcement Policy of CEPA 1999.

Where can I get more information?

To find out more on the NSNR provisions, to consult the DSL, or to obtain instructions on how to complete the notification, visit the New Substances Website.

Who do I contact?

National Office (Gatineau, Hull Sector):
Telephone: 1-800-567-1999 (within Canada)
(819) 953-7156 (outside Canada)
Facsimile: (819) 953-7155
E-mail: NSN-Infoline@ec.gc.ca

The information presented here is not exhaustive. The intent is to highlight relevant points in the New Substances Regulations established by CEPA 1999. In case of a discrepancy between this bulletin, CEPA 1999 and the New Substances Notification Regulations, the legislation and the Regulations will prevail. Please refer to the Regulations for complete details on the requirements.

Published with the Authority of the Federal Minister of the Environment.
© Minister of Public Works and Government Services 2002