Canadian Government to Amend Domestic Substances List for Polymer Notification Requirements

On the 16 September 2023, the Canadian government announced its intentions to make significant amendments to the Domestic Substances List (DSL), affecting 145 polymers by introducing new chemical notification requirements. The DSL, which serves as a comprehensive registry of substances manufactured or imported on a commercial scale in Canada, is a critical reference point for regulatory compliance in the country. The proposed changes are aligned with the Canadian Environmental Protection Act (CEPA) and are designed to enhance the monitoring of substances entering the Canadian market, reinforcing measures to protect human health and the environment. 

New Substances Notification Regulations (Chemicals and Polymers) 

Under the CEPA framework, the import or manufacture of new substances in Canada, above specified thresholds, requires a comprehensive assessment of their potential effects on both human health and the environment. The guidelines for notification of such new chemicals and polymers are detailed in the New Substances Notification Regulations (Chemicals and Polymers), hereafter referred to as "the Regulations"

It is important to note that  substances already on the DSL are generally exempt from the notification requirements specified in the Regulations. However, a significant distinction arises when a substance identifier on the DSL is accompanied by a regulatory flag, represented by the letters "S," "S prime," or "P". In these cases, the substance is subject to notification requirements under particular circumstances. 

The “P” identifier and Reduced Regulatory Requirements 

The letter "P" appended to a substance identifier signifies that the substance in question has been assessed and found to meet the Reduced Regulatory Requirement (RRR) polymer criteria under the Regulations. Substances that meet these criteria are considered to be of lower concern, resulting in reduced regulatory information requirements compared to non-RRR polymers. It is important to note that if a substance is synthesized differently, it may either meet or not meet the RRR polymer criteria. 

The inclusion of the "P" identifier serves the purpose of notifying parties intending to manufacture or import the polymer in a form that does meet the RRR polymer criteria and exceeds prescribed thresholds. Such parties are required to submit the necessary information as specified in the Regulations. Detailed guidance on determining the applicable notification schedule can be found in section 4.7 of the Guidance document for the New Substances Notification Regulations (Chemicals and Polymers). 

Public comment period 

A 120-day window from the date of publication of this notice has been established to allow any concerned individual or organization to provide comments. Those who object to the inclusion of the "P" identifier for specific polymers should explicitly identify the relevant identifier(s) in their comments. 

Canada’s commitment to regulatory measures 

This proposed amendment to the DSL underscores Canada's commitment to strong regulatory measures for the evaluation and control of substances entering its borders, to ensure a safer and healthier environment for its citizens.