ARCHIVED - Memo - Notice of intent to apply the Significant New Activity provisions of CEPA to six substances with exclusive pesticidal uses

13 August 2007

1.0 Purpose

The purpose of this document is to communicate to pesticide registrants that on 23 June 2007, the draft screening assessment and notice of Significant New Activity provisions for six pesticides on the Domestic Substance List (DSL) was published in the Canada Gazette, Part I, for a 60-day public comment period.

2.0 Background

On 23 June 2007, a notice with respect to six substances with exclusive pesticidal uses (trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor, pentachlorophenol) was published in the Canada Gazette, Part I.

The draft report for six substances with exclusive pesticidal uses have been released for a 60-day public comment period. The public has between 23 June 2007 and 22 August 2007 to submit written observations to the Minister of the Environment. Following that comment period, the comments will be considered, and the report revised as necessary, including the final conclusion as to whether the substances are considered "toxic" under section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

The draft report proposes to conclude that theses substances do not meet the criteria set out under section 64 of CEPA 1999, because they are likely not being used in Canada for applications other than those registered under the Pest Control Products Act. The notice of intent proposes that any new activity other than those regulated under the Pest Control Products Act will be subject to the Significant New Activity (SNAc) provisions as stipulated under subsection 81(3) of CEPA 1999, to ensure that any potential non-pesticidal use of these substances will undergo ecological and human health risk assessment as specified in section 83 of CEPA 1999.

These reports are available at Substances Lists. You may also obtain copies of the draft reports by contacting existing.substances.existantes@ec.gc.ca.

3.0 Implications for Pesticides Products

The proposed SNAc provisions does not impact the regulatory status of these six pesticides. The notice of intent proposes that the use of these substances be restricted to current pesticidal uses. Any new uses other than pesticides would be subject to a CEPA notification and assessment process, to ensure that new uses will not result in unacceptable risks to the environment and human health.

For a substance to be imported, manufactured or used in Canada it must be listed on CEPA's DSL or regulated under another federal government's Act scheduled under CEPA. The Pest Control Products Act, which is administered by Health Canada's Pest Management Regulatory Agency (PMRA), is scheduled under CEPA. Pesticides must undergo a pre-market environmental and health risk assessment by the PMRA.

4.0 Questions

Questions concerning this memo should be directed to the PMRA via the Pest Management Information Service.

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