Facts about the Revised In Commerce List

About the Revised In Commerce List (R-ICL)

The R-ICL is comprised of:

  1. substances from the In Commerce sub-lists whose identity has been verified by Health Canada prior to the nomination process; and
  2. substances accepted for addition to the R-ICL during the voluntary nomination process for which the verification of substance identity and eligibility criteria have been completed

About the In Commerce sub-lists

The In Commerce sub-lists contain a list of substances in products regulated under the Food and Drugs Act (including pharmaceuticals, veterinary drugs, biologics and genetic therapies, cosmetics, medical devices, novel foods and food additives) that were in Canadian commerce between 1 January 1987 and 13 September 2001. This list was compiled from Health Canada records in 2001 and additions thereafter.

  1. Substances in Human Pharmaceuticals, Veterinary Drugs and Similar Products In Commerce Between 1987 and 2001 - CAS Registry Number Known
  2. Substances in Cosmetics and Personal Care Products In Commerce Between 1987 and 2001 - CAS Registry Number Known
  3. Substances in Cosmetics and Personal Care Products In Commerce Between 1987 and 2001 - CAS Registry Number Not Found
  4. Substances in Cosmetics and Personal Care Products In Commerce Between 1987 and 2001 - Ingredient or Mixture of Ingredients Unknown

The In Commerce sub-lists contain a list of substances in products regulated under the Food and Drugs Act (including pharmaceuticals, veterinary drugs, biologics and genetic therapies, cosmetics, medical devices, novel foods and food additives) that were in Canadian commerce between 1 January 1987 and 13 September 2001. This list was compiled from Health Canada records in 2001 and additions thereafter.

What substances "In Canadian Commerce" means

A substance was in Canadian commerce, if between 1 January 1987 and 13 September 2001:

  1. the substance was manufactured in or imported into Canada by any person for a use that is regulated under the Food and Drugs Act; or
  2. the substance was sold or used for commercial purposes in Canada for a use that is regulated under the Food and Drugs Act

Closing of the nomination period

The nomination process for the R-ICL ends on November 3, 2019, one year after publication of the Final Notice in the Canada Gazette, Part I. No further nominations will be accepted thereafter. See the Final Notice - Termination of the Revised In Commerce Substances List nomination process for further information.

Nominations to the R-ICL

Any person in Canada involved with the manufacture, import, distribution or use of an eligible substance may submit a nomination for a substance to the R-ICL, but only until November 3, 2019. Foreign suppliers who export into Canada are also eligible to make nominations. However, these nominations must be made through a person who is a resident of Canada and who is authorized to act on behalf of the foreign manufacturer or supplier, and they must be submitted before the closing date.

Eligibility criteria for nomination to the R-ICL

There are two criteria that a substance must meet to be eligible for nomination to the R-ICL. The substance must be present in a product:

  1. regulated under the Food and Drugs Act; and
  2. that was in Canadian commerce between 1 January 1987 and 13 September 2001

Health Canada will accept nominations for substances present in products regulated under Food and Drugs Act regulations that had been submitted to Health Canada for market authorization prior to or on 13 September 2001. After this date substances were subject to the New Substances Notification Regulations (NSNR).

However, the nominator is required to provide suitable documentation that demonstrates that their market authorization was, in fact, submitted prior to or on 13 September 2001 and that the product was authorized for sale at that time. Note that the nomination process for the R-ICL ends on November 3, 2019, and no further nominations will be accepted thereafter.

Nominate a substance if it is already listed on one of the In Commerce Sub-lists

You can nominate a substance if it appears on one of the In Commerce sub-lists. Nomination is mandatory if you want the substance to be added to the Revised In Commerce List (R-ICL).

Proof of in commerce when nominating to the R-ICL

If a substance is on one of the first 3 In Commerce sub-lists, proof of In Commerce is not required for nomination to the R-ICL. However, if a substance is on sub-list 4, or in all other cases, proof of In Commerce between January 1, 1987 and September 13, 2001 is required for nomination to the R-ICL.

Nominate a substance if it has been notified under the New Substances Notification Regulations (NSNR) for Food and Drugs Act use

You can nominate a substance if it has been notified under the NSNR, provided the substance meets all eligibility criteria for addition to the R-ICL

Substances that have non-Food and Drugs Act uses

If a substance also has a non-Food and Drugs Act product use, such as a substance used in paints, then the substance is subject to notification under the NSNR of the Canadian Environmental Protection Act, 1999 (CEPA).

Please contact the Substances Management Information Line:

Science and Risk Assessment Branch
Program Development and Engagement Division 
Department of the Environment
Ottawa, ON K1A 0H3
Phone number: 819-938-3232 / 1-800-567-1999 (Canada)
Fax number: 819-938-5212
Email address: eccc.substances.eccc@canada.ca

Substances that should not be nominated to the R-ICL

  • Impurities
  • Polymers subject to 2% rule
  • Naturally occurring substancesFootnote 1 as described in the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers
  • Food or drink represented for consumption by human beings (for example, flour, wheat bran, cumin powder) as defined by the Food and Drugs Act, other than novel food or food additives as defined by the Food and Drug Regulations under the act. Food additives (for example, colours and flavours), and novel foods (for example, genetically modified organisms) should be nominated to the R-ICL

Substances ineligible for nomination to the R-ICL

  • Substances in food packaging
  • Substances carried through Canada
  • Transient reaction intermediates
  • Incidental reaction products
  • Mixtures
  • Manufactured items
  • Wastes
  • Substances listed on the DSL

Don't nominate a substance if it appears on the Domestic Substances List (DSL)

Substances that appear on the DSL should not be nominated, and will not be added to the R-ICL. Substances will be removed from the R-ICL if they become listed on the DSL. Changes such as these will be completed through periodic updates to the R-ICL.

Where to find the Domestic Substances List (DSL)

Environment and Climate Change Canada administers the DSL. View the DSL.

Where to submit a nomination package

You should submit the nomination package by sending a printed paper copy to the following address:

Environmental Assessment Unit 2
Health Canada
269 Laurier Avenue, 5th Floor, PL4905B
Ottawa, Ontario, Canada
K1A 0K9
Telephone: 1-877-216-1904 or 613-960-7366
Facsimile: 1-613-952-5354
E-mail: hc.ricl-lrsc.sc@canada.ca

Nomination decisions

The nominator will be informed in writing when a decision has been made. A copy of this decision will also be sent to the principal Canadian contact, if applicable.

Nominator has not heard the results of the application for substance nomination to the R-ICL after the completion of the 90 day correction and review period

Advise the Environmental Assessment Unit 2 that you have not received a response to your application for substance nomination:

Environmental Assessment Unit 2
Health Canada
269 Laurier Avenue, 5th Floor, PL4905B
Ottawa, Ontario, Canada
K1A 0K9
Telephone: 1-877-216-1904 or 613-960-7366
Facsimile: 1-613-952-5354
E-mail: hc.ricl-lrsc.sc@canada.ca

How to get updates on the R-ICL

You can subscribe to email updates about the R-ICL by sending a request for addition to the R-ICL distribution list to:

Environmental Assessment Unit 2
Health Canada
269 Laurier Avenue, 5th Floor, PL4905B
Ottawa, Ontario, Canada
K1A 0K9
Telephone: 1-877-216-1904 or 613-960-7366
Facsimile: 1-613-952-5354
E-mail: hc.ricl-lrsc.sc@canada.ca

Requesting substance confidentiality

We are unable to accept requests for confidential substance names and accession numbers for listing on the Revised In Commerce List (R-ICL). A request for confidentiality on substance identity would restrict the government's capacity to accurately identify substances for the purposes of a public Inventory Update, and, as such, we are unable to accept requests for confidentiality.

Also, a request for confidentiality is inconsistent with the government's current policy to review and, if possible, eliminate confidential substance names that are older than 7 years. All substances on the R-ICL are older than 7 years, therefore we are unable to accept requests for confidentiality.

Contact information

Environmental Assessment Unit 2
Health Canada
269 Laurier Avenue, 5th Floor, PL4905B
Ottawa, Ontario, Canada
K1A 0K9
Telephone: 1-877-216-1904 or 613-960-7366
Facsimile: 1-613-952-5354
E-mail: hc.ricl-lrsc.sc@canada.ca

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