Canada | Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following in numerical order:

• 5064-31-3

2. Part 2 of the List is proposed to be amended by adding the following in numerical order:

>> column 1: Substance

5064-31-3 S’

Column 2

>> Column 2: Significant new activity for which the substance is subject to subsection 81(3) of the Act

1. The use of the substance glycine, N,N-bis(carboxymethyl)-, trisodium salt  in the manufacture of any of the following products:

• (a) a consumer product to which the Canada Consumer Product Safety Act applies, such that the substance is present in the product in a concentration greater than 1% by weight, other than its use in the manufacture of
  • (i) a wood spray polish that contains the substance in a concentration of less than 2% by weight, or
  • (ii) a boat cleaner that contains the substance in a concentration of less than 3% by weight;
• (b) a cosmetic as defined in section 2 of the Food and Drugs Act, such that the substance is present in product in a concentration greater than 0.1% by weight, other than its use in the manufacture of a soap that contains the substance in a concentration less than or equal to 0.3% by weight.

2. The importation of the substance in a quantity greater than 10 kg in a calendar year in any of the following products:

• (a) a consumer product to which the Canada Consumer Product Safety Act applies, if the product contains the substance in a concentration greater than 1% by weight, other than an activity involving
  • (i) a wood spray polish that contains the substance in a concentration of less than 2% by weight, or
  • (ii) a spray boat cleaner that contains the substance in a concentration of less than 3% by weight;
• (b) a cosmetic as defined in section 2 of the Food and Drugs Act, if the product contains the substance in a concentration greater than 0.1% by weight, other than an activity involving a soap that contains the substance in a concentration less than or equal to 0.3% by weight.

3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is

• (a) used as a research and development substance or as a site-limited intermediate substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
• (b) intended for export only.

4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins:

• (a) a description of the significant new activity in relation to the substance;
• (b) the anticipated annual quantity of the substance to be used;
• (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
• (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
• (e) a description of the consumer product or cosmetic that contains the substance, the intended use of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;

• (f) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity; (g) all other information and test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of the adverse effects that the substance may have on the environment and human health and the degree of environmental and public exposure to the substance;
• (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
• (i) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
• (j) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity or, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf.

5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

Link to the Canada Gazette, Part I, Volume 156, Number 48: Index