Mandatory Notice Regarding Substances under the Chemicals Management Plan - 2023

18 Dec 2023

Notice with respect to certain substances under the Chemicals Management Plan pertaining to 850 substances identified as a priority for information gathering

Did you know? 

On 24 June 2023, the Canadian government published the Notice with respect to certain substances under the Chemicals Management Plan – 2023. The notice, found in the Canada Gazette, Part I, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), serves an essential role in gathering information from Canadian manufacturers, importers, and users on the commercial status, facility information (e.g., releases), and uses of substances identified under the Chemicals Management Plan (CMP), and aims assess and manage the potential risks of chemicals to both Canadians and the environment.

The mandatory notice pertains to 850 substances identified as a priority for information gathering within the CMP. Its primary objective is to collect information on the commercial status and use of these 850 substances. The information, to be provided no later than 17 January 2024, will inform further prioritization decisions, risk assessment activities, and risk management actions.

Are you prepared? 

The Minister of the Environment requires specific individuals, as outlined in section 2 and 3 of the notice, to provide the requested information which is either in their possession or reasonably accessible. The sought information will help assess whether the substances in Schedule 1 of the notice are toxic or are capable of becoming toxic, and whether to and how to control them.

This requirement applies to the reporting year specified in the notice—‍in this case, the 2022 calendar year. Stakeholders meeting the reporting requirements for the reporting year must submit the required information via the online reporting system available through Environment and Climate Change Canada's Single Window (SWIM), no later than 17 January 2024.

Those who do not meet the reporting requirements for the reporting year are not required to respond to the notice. However, if you have information that the government may find useful—e.g., you had activity with a reportable substance during a different year or below the reporting thresholds—you are encouraged to provide a Declaration of Stakeholder Interest.

Required Information

The notice lists 850 substances, categorized into four parts based on reporting thresholds and specific applications:

• Part 1: 493 chemicals reportable at a 100-kg threshold for manufacture, import, and use.
• Part 2: 131 chemicals reportable at a 1,000-kg threshold for manufacture, import, and use.
• Part 3: 20 chemicals reportable at a 100-kg threshold for manufacture, import, and use, and only for specific applications.
• Part 4: 208 chemicals reportable at a 100-kg threshold for manufacture, import, and use, and involving additional use activity.

Those subject to the notice are required to provide information that they possess, or to which they may be "reasonably expected" to have access. For example:

• Manufacturers are reasonably expected to have access to their formulations.
• Importers are reasonably expected to have access to import records and relevant Safety Data Sheets (SDS).
• An SDS may not list all ingredients in a good, which could include substances subject to the notice; if you need more information on the composition of a good, you are encouraged to contact your supplier.
• Users and importers are reasonably expected to contact their suppliers to obtain information on their substances.

It is recommended that stakeholders make reasonable efforts to obtain information throughout their supply chain, inform their suppliers and customers of this notice as soon as possible, and consider submitting information directly to the Government of Canada if data protection is a concern.

The absence of information may lead to the use of conservative assumptions in risk assessments and risk management decisions, underscoring the importance of accurate reporting.

Overview of Key Reporting Requirements:

• If there is a legal obligation to report a substance, you must provide the total quantity manufactured, imported, and/or used, and, for Part 4 substances, a description of use activities.
• If more than 100 kg of Part 1, 2, or 4 substances were released, or may have been released, to the environment in one or more facility, you must report (i) the facility's name, address, and North American Industry Classification System (NAICS) identifier; (ii) the total quantity manufactured, imported, and/or used at the facility; and (iii) a description of use activities for any Part 4 substances. You must also report on whether releases of the substance from the facility are monitored.
• If the substance was contained in or used in the manufacture of sold goods, you must report on the application code and substance function code(s); the concentration or concentration range of the substance by weight in the goods; the quantity/range and export quantity/range of the substance in all of the goods combined; and whether the sold goods were intended for final use, use in the manufacture of other goods, or both.
• If the goods were intended for final use, you must report on the description and common/generic name(s) of each good, and whether the goods were intended for commercial use, consumer use, or use by/for children 14 years of age or younger.
• If the goods were intended for use in the manufacture of other goods, you must report on the description and common/generic name(s) of the goods intended for final use, and whether the goods were intended for commercial use, consumer use, or use by/for children 14 years of age or younger.
• If you have unpublished data/studies related to a reportable substance that you have not already provided to the Government of Canada via a New Substance Notification or a CEPA Section 70 notice, you must report on the title(s) of those data/studies.

What do you need to do? 
 
To comply with this mandatory notice, you'll need to determine whether you meet any of the reporting requirements and gather and organize the necessary data if you do. If you do not have a SWIM account, create one using the Environment and Climate Change Canada Single Window. Make sure you submit the information before the deadline (17 January 2024) to maintain compliance. 

Need Assistance?

Do you have questions about this topic, the development of the new plan of chemical management priorities, the New Substances Notification program, or a related topic?

Contact our experts at Intertek Assuris—we're here to help!

 

Resources

Notice with respect to certain substances under the Chemicals Management Plan — 2023
Canada Gazette, Part 1, Volume 157, Number 25: GOVERNMENT NOTICES

Guidance document for responding to the section 71 Chemicals Management Plan 2023 notice
En84-340-2023-eng.pdf (publications.gc.ca)

Responding to the section 71 Chemicals Management Plan 2023 notice
Responding to the section 71 chemicals management plan 2023 notice - Canada.ca

Environment and Climate Change Canada's Single Window
Using Single Window - Canada.ca