News Details

Canada has taken an important step in updating the regulatory status of substances on the Revised In Commerce List (R-ICL). The first batch of 656 eligible R-ICL substances has been added to the Domestic Substances List (DSL) under new authorities introduced by the amendments to the Canadian Environmental Protection Act, 1999 (CEPA). The Order was registered and entered into force on July 30, 2026, and was published in the Canada Gazette on August 12, 2026.

This is part of a phased process to transfer eligible R-ICL substances to the DSL. For manufacturers and importers, the change could have a significant impact on their obligations under Canada's New Substances Notification Regulations (NSNR).

What Is the R-ICL?

The R-ICL contains substances that were present in products regulated under Canada's Food and Drugs Act (F&DA) and were in Canadian commerce between January 1, 1987, and September 13, 2001. The list was first published in 2013 and has since been updated. The nomination process closed on November 3, 2019, meaning that the R-ICL is now a static list.

As R-ICL substances are not listed on the DSL, they are subject to Canada’s new substances framework when used outside of products regulated under the Food and Drugs Act. Companies manufacturing or importing these substances for such uses may be required to comply with the NSNR for Chemicals and Polymers or Organisms before exceeding applicable regulatory quantity thresholds.

CEPA Amendments Enable R-ICL-to-DSL Transfers

Amendments introduced in 2023 through the Strengthening Environmental Protection for a Healthier Canada Act granted the government the authority to add qualifying R-ICL substances to the DSL under CEPA. The first 656 eligible substances have now been transferred under this new authority.

Once a substance is added to the DSL, it is removed from the R-ICL and is generally no longer considered a new substance solely because of its previous R-ICL status. This can reduce NSNR notification obligations, although other CEPA requirements or substance-specific risk management measures may still apply.

Continued Review of R-ICL Substances

The Government of Canada has previously collected information on R-ICL substances through mandatory section 71 CEPA notices, including in 2017 and 2022. These initiatives gathered information on manufacture, import, commercial uses, and the presence of substances in products regulated under the Food and Drugs Act.

Such information can support decisions on whether substances should be transferred to the DSL, undergo further assessment, remain subject to regulatory controls, or be removed from the R-ICL. The remaining substances on the R-ICL are currently under review to determine whether they meet the criteria for addition to the DSL. Where necessary, further assessment and consideration of appropriate risk management measures may take place before substances are added.

What Should Companies Do?

Companies manufacturing, importing, or using chemicals and ingredients in Canada should review their portfolios against the updated R-ICL and DSL.

Key actions include:

1. Check whether any of  the 656 substances added to the DSL are relevant to your business.

2. Reassess whether NSNR notification requirements still apply.

3. Confirm whether the substance is used exclusively in products that are regulated under the Food and Drugs Act.

4. Review any substance-specific CEPA risk management requirements.

5. Monitor the transfer of R-ICL substances to the DS in future phases.

The phased transition is expected to provide greater regulatory clarity for substances that have historically been used in products regulated under the Food and Drugs Act, while integrating them into Canada's broader chemicals management framework.