Canada Proposes 2024 Amendments to Domestic Substances List: Public Input Wanted on Significant New Activity Provisions

On November 9, 2024, the Government of Canada announced a proposed amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA) to apply Significant New Activity (SNAc) provisions to four substances: Basic Violet 3, Malachite Green, Basic Violet 4, and Basic Blue 7. This amendment aims to address environmental and human health concerns associated with these substances.

Key Details of the Proposed Order

1. Targeted Substances:

   • Basic Violet 3 (CAS RN 548-62-9)

   • Malachite Green (CAS RN 569-64-2)

   • Basic Violet 4 (CAS RN 2390-59-2)

   • Basic Blue 7 (CAS RN 2390-60-5)

2. Purpose:
   The proposed amendment requires that any significant new activity (such as manufacturing or import) involving these substances be reported to the Minister of the Environment. This will ensure that their potential risks are evaluated in accordance with CEPA guidelines before activities proceed.

3. Scope of Notification:

   • Manufacturing: Notification is required if a consumer product contains any of the substances in a concentration greater than 0.1% by weight, except for specific exemptions.

   • Importation: Notification is required if a consumer product contains the substances above 0.1% by weight and exceeds an annual import threshold of 10 kg.

4. Exemptions:
   The proposed order does not apply to:

   • Components in commercial printing inks or dyes in paper products.

   • Research and development substances or site-limited intermediate substances.

   • Substances intended for export only.

Reasons for the Amendment

The targeted substances were identified in the Final Screening Assessment (published in October 2020) as posing potential risks to the environment and human health:

• Environmental Impact: All four substances were found to be harmful to ecosystems or biodiversity.

• Human Health Concerns: Malachite Green also poses a risk to human health, particularly through exposure in consumer products.

This initiative aligns with Canada’s commitment to protect public health and the environment by ensuring a robust risk management framework.

Public Consultation Period

The Government is seeking public feedback on the proposed amendment. Comments will be accepted until 60 days after the notice’s publication in the Canada Gazette, Part I, dated November 9, 2024 (until January 8, 2025).

Compliance and Enforcement

Organizations with significant activities involving these substances must comply with the notification requirements outlined in CEPA. Non-compliance may result in enforcement action under the CEPA Compliance and Enforcement Policy.

Next Steps

Upon reviewing the public comments, the finalized order will be published in the Canada Gazette, Part II, along with details on its implementation. The information provided in the Significant New Activity Notification (SNAN) will be subject to a comprehensive assessment to determine any potential risks associated with new activities involving these substances.