September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes
Title slide (1)
 Hello and welcome to the information session on the Section 71 Notice with respect
to certain petroleum substances on the Domestic Substances List.

Myself, Angelique Petropoulos from Environment Canada, and my colleague, Mark
Barlow from Health Canada, will be your presenters today.

This presentation will walk through the mandatory notice that was published on July
25th under section 71 of the Canadian Environmental Protection Act.

All hyperlinks embedded in this presentation are functional and can be accessed
through the downloadable PDF version of the presentation.

Questions regarding this session may be sent to the Substances Management
Coordinator and the contact information will be provided to you at the end of the
presentation.
Overview (2)
 First we will explain information gathering that has taken place to date, and we will
give you an overview of section 71 of the Canadian Environmental Protection Act,
referred to from here on as CEPA 1999.

Following that, we will go through the mandatory notice itself, looking at who it
applies to and the type of information that is required, as well as how to respond to
the Notice.

And, as mentioned, contact information is provided for any questions you may have.
Information Gathering (3)
 In March of this year, a voluntary information gathering activity was conducted to
gather information on the uses and applications for 89 of the priority petroleum
substances.

Additional information is sought on 70 of these petroleum substances and in July, a
mandatory section 71 Notice was published to gather this information.
Background - Section 71 of CEPA 1999 (4)
 Under section 71 of CEPA 1999, the Government can issue notices to gather
information that is required to support the risk assessment and risk management of
substances.
1
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

If you are subject to the Notice, you are legally required to provide the information
requested by the date specified.

You are required to provide information in your possession or to which you are
reasonably expected to have access, but you are not required to conduct testing to
comply with this Notice.

Examples of the type of information that a company is reasonably expected to have
access to include import data and records, Safety Data Sheets and information from
suppliers.
Overview of the Notice (5)

On July 25th, 2015, a Notice was published under section 71 of CEPA for 70 of the
remaining petroleum substances on the DSL. The deadline to respond to the Notice
is October 20th, 2015 at 5 p.m. Eastern Daylight Time.

An electronic copy of the Notice and the supporting Guidance Document are
available at the Chemical Substances Website.

We highly recommend reading the guidance document as it contains details and
examples that will help you better understand this Notice.

The purpose of the Notice is to gather qualitative information on the import and
blending or formulation activities for the certain petroleum substances.

Schedule 1 of the Notice lists the reportable substances by their respective
Chemical Abstract Services Registry Number, commonly known as the CAS RN.

Note that we suggest identifying the substances listed in Schedule 1 that you are
going to report on prior to beginning your data input using the online reporting tool.
When adding a substance to your online submission, the search command can only
return a maximum of 50 records, which means the full list of reportable substances,
will not be displayed. Substances are most effectively selected using more refined
search terms. In order to help you select your substances, we have included, on the
dashboard, a link to the full list of substances reportable under the notice.
Persons Required to Provide Information (6)
2
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

Schedule 2 of the Notice describes who the Notice applies to, based on factors such
as: the type of activity with a substance, for example import, calendar year of the
activity, concentration and quantity of the substance.

If you meet the reporting criteria specified in Schedule 2, then it is mandatory to
provide the information requested in the Notice by the date specified, which for this
Notice is October 20th, 2015.

The Notice applies to any person who, during the 2014 calendar year, imported a
total quantity greater than 1 000 kg of a reportable substance, at a concentration
equal to or above 1% by weight, whether alone, in a mixture or in a product.

The Notice also applies to any person who, during the 2014 calendar year, used a
total quantity greater than 1 000 kg of a reportable substance, at a concentration
equal to or above 1% by weight, whether the substance is used alone or in a
mixture, to formulate or blend into a mixture or product.

The Notice does not apply to any person who, during the 2014 calendar year,
manufactured a reportable substance in Canada.

If you have determined that you must respond to the Notice, your response should
be submitted using the CMP online reporting system through Environment Canada’s
Single Window. Information on how to submit your response will be provided later in
the presentation.

Note, when responding to the Notice, that if you have more than one facility, you
must include information with respect to each facility in a single response on behalf
of the entire company.
Reporting Diagram for Schedule 1 substances (7)
 To help determine whether you are required to respond to the Notice, a Reporting
Diagram is provided here and in the Guidance document. Note that you can
download the Guidance Document directly from the Chemical Substances website.

Let’s take a look at the diagram. First, you need to determine if you had activities
with a reportable substance listed in Schedule 1 of the Notice during the 2014
calendar year. As previously mentioned, domestic manufacturers of a reportable
substance have no legal obligation to report.
3
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

The first question asks about your activity and applies to:
- Persons or companies who imported the substance alone, in a mixture or
in a product, and
- Persons or companies who used a substance to formulate or blend into
a mixture or product.

If you answered “yes” to the first question, then the next question to consider is
whether the total quantity of the substance that was imported or used in 2014 met
the reporting threshold.
- This Notice applies to reportable substances that were imported or used
in a total quantity greater than 1000 kg during the 2014 calendar year.

There is also a concentration threshold in this Notice for reporting. If you
answered “yes” to the second question, then you need to determine whether the
substance that was imported or used met the concentration threshold:
- This Notice applies to reportable substances that were imported or used at
a concentration equal to or above 1% by weight.

If you answered “yes” to all three questions in the diagram, then you are legally
required to respond to the Notice. If you answered “no” to at least one of the
questions, then you are not legally required to respond, however we encourage
you to submit a voluntary Declaration of Stakeholder Interest or Declaration of
Non-Engagement as applicable. These declarations will be discussed later in the
presentation.
Exclusions (8)
 Schedule 2 of the Notice also describes when the Notice does not apply.
 The Notice does not apply to:
-a reportable substance, whether alone, in a mixture or in a product that:
 is in transit through Canada;
 is, or is contained in, a substance or product regulated or registered
under the:
- Regulations for the Export and Import of Hazardous Waste and
Hazardous Recyclable Material,
- Pest Control Products Act,
- Fertilizers Act,
- Feeds Act; or
- Seeds Act;
 is imported by a petroleum refining facility, upgrading facility or natural
gas processing facility for uses other than formulation or blending into
a mixture or product;
 is a fuel or fuel additive or contained in a fuel or fuel additive;
4
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes


is imported within an internal combustion engine; or within a closed
hydraulic system or closed functional fluid system; or
is imported in an engine oil, brake fluid, steering fluid or other
functional fluid.
Functional fluids are liquid or gaseous substances used for one or more operational
properties in a system. Some examples of functional fluids include: heat transfer agents,
transmission fluids, antifreezes and de-icing fluids.
Exclusions (cont’d) (9)
The Notice does not apply to:
-CAS RN 64742-14-9 or CAS RN 68131-77-1 that is imported in a product
intended to be used by consumers
-In addition, if a person submitted information for a reportable substance as part
of the voluntary information gathering phase conducted in 2015, a response to
the Notice is not required for that substance. However, if a person was
engaged with other reportable substances for which they did not provide
information on voluntarily, they are required to respond to the Notice for those
substances.
Also,
was:




it is important to note that the Notice does not apply to a reportable substance if it
manufactured in Canada
imported in a manufactured item
used in a manner other than blending or formulating or
used in a product or manufactured item to formulate or blend into a mixture,
product, or manufactured item
Now, I will hand the presentation over to my colleague, Mark Barlow, who will walk you
through the second half of this presentation.
Thanks, Angelique. I am Mark Barlow of Health Canada, and I will now continue the discussion
on information requirements of the Notice.
Information Required (10)
 Schedule 3 of the Notice lists definitions applicable to the Notice, and outlines the
information that is required to be provided.
 There are 2 sections of the Notice that need to be completed by anyone who meets
the reporting criteria in Schedule 2:
5
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes
-
Section 3: which requires Sector, Function & Application Information, and
-
Section 4: which requires Customer Information
Section 3: Sector, Function & Application Info (11)




Section 3 of the Notice is to be completed by importers and users for each
substance listed in Schedule 1 that they imported or used in 2014, for which the
reporting criteria have been met.
The information required includes:
- The CAS Registry Number & the name of the substance
- The six-digit NAICS code that is applicable to the company’s activity with the
reportable substance.
 NAICS codes are the North American Industry Classification System
codes. They provide information on the types of sectors that are
involved with a substance.
- The Substance Function Codes that apply to the function of the substance
itself for all activities, meaning import and use.
 The list of codes and their descriptions is found in section 5 of the
Notice and section 3.2.2 of the Guidance Document.
 If none of the codes describe the function of the substance, code U999
should be used, and a written description of the function must be
provided.
 If the substance is an impurity, there is an option to select code U999I Other (impurity), in the online reporting form. No additional
description is required when using U999I for an impurity.
- The Consumer and Commercial codes that apply to the use of the known or
anticipated final reportable substance.
 The list of codes and their descriptions is found in section 6 of the
Notice, and section 3.2.2 of the guidance document
 If none of the consumer and commercial codes apply to the
substance, code C999 should be used, and a written description
must be provided.
If a substance has more than one function or application, report all the applicable
codes.
You are encouraged to provide additional details to describe the function or
application in the “Notes” field of the online reporting form. This information is very
useful to the Program.
6
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes
Section 4: Customer Info (12)


Section 4 of the Notice is to be completed by importers and users for each
substance listed in Schedule 1 that they imported or used in 2014, for which the
reporting criteria have been met.
The information required includes:
- The CAS Registry Number of the substance, and
- The name, city and province of customers in Canada to whom the largest
quantities of the substance was sold.
 You are only required to provide a maximum of 20 persons in Canada,
whom represent the largest quantities sold, and only the customers to
whom you sold above 100 kg of the substance
 Also, you are not required to provide customers that are petroleum
refining facilities, upgrading facilities or natural gas processing
facilities.
Request for Confidentiality (13)

Slide 13 on confidentiality: Section 313 of CEPA 1999 specifies that anyone who
submits information in response to a section 71 Notice may request that the
information submitted be treated as confidential.

Further information on how to request confidentiality can be found in the Guidance
Document.
Joint Reporting (14)

Suppliers, who sell products containing reportable substances and who wish to
protect their formulation information, may work with their customer to submit a blind
submission.

A “Blind Submission” is a two-part submission where customers and their suppliers
collaborate to meet the obligation to respond to the Notice.
7
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

The customer provides as much information as they can in response to the Notice,
while the supplier submits the remainder of the information, in a separate
submission.

Submission from each party should be directly sent to the Substances Management
Coordinator. Contact information is available at the end of the presentation.

A cover letter should be included with both submissions to clarify that the supplier’s
submission supports the customer’s submission.

Blind submissions cannot be submitted via the CMP online reporting tool. They must
be submitted to the Substances Management Coordinator either by email or mail.

A “Joint Submission” is a single submission encompassing information from multiple
submitters. The most common examples are an association submitting on behalf of
their members or a major supplier submitting on behalf of their customers.

For more information or to discuss options for joint reporting, please contact the
Substances Management Coordinator.
Responding to the Section 71 Notice (15)

If you meet the requirements to respond to the Notice, you must provide a response
no later than October 20th, 5 p.m. Eastern Daylight Time. Responses should be
submitted using Environment Canada’s Single Window Information System,
elsewhere referred to as the ‘reporting system’.

If you require more time to comply with the notice due to unforeseen circumstances,
you may submit a request for an extension of time to the Substances Management
Coordinator:
- The request needs to be submitted by email or mail prior to October 20th at 5
p.m. Eastern Daylight Time.
- The request should include the CAS RN of the substances you will be
reporting on if known, a brief rationale for the extension request, and the full
company name and contact information.
- We recommend that you submit your request at least 5 business days prior to
the deadline to allow for processing.
8
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

You are encouraged to refer to the Guidance document for completing the section
71 Notice, available on the chemical substances website and below, for more
detailed guidance and examples on how to complete the required sections.
Declaration of Stakeholder Interest (16)

Declaration of Stakeholder Interest: Completing the section 71 Notice is mandatory if
you meet the reporting criteria. Companies who do not meet the reporting criteria,
but who have an interest in one or more of the substances, are encouraged to
voluntarily identify themselves as a stakeholder through the Declaration of
Stakeholder Interest. For this Notice, submitters are invited to report interest, provide
information or upload documents on the substances using the Environment
Canada’s Single Window reporting system.

Stakeholders completing this declaration should:
- identify the substance(s) of interest to them,
- specify their known or potential activity with the substance (for instance
import, manufacture or use) , and
- indicate whether their interest in the substance is a past, current or future
interest
Interested stakeholders may be contacted for further information regarding their
interest in these substances.

Submission of Voluntary Information (17)

Additional information can be submitted through a Declaration of Stakeholder
Interest.
- For example, if you did not have reportable activities in 2014, but had
reportable activities in previous calendar years, you are encouraged to
provide this information voluntarily via a Declaration of Stakeholder Interest.
Voluntary or supplementary data can be submitted through an open text field
or by uploading documents through the online reporting system.
- When submitting data voluntarily, clearly identify the data as voluntary and
provide the appropriate substance identifiers and calendar year for which it
applies.

You are encouraged to provide additional information that you deem may be
beneficial to the Program.
9
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes
Declaration of Non-Engagement (18)
 Another type of voluntary submission is the Declaration of Non-Engagement, which
companies can submit to indicate that they were not engaged in the activities
described in the s.71 Notice.

You should only submit a DNE if you did not meet the requirements to respond to
the Notice and if you have no commercial interest in any of the 70 substances listed
in Schedule 1 of the Notice.

Conversely, if you have a current or future interest in any of the substances listed in
the notice, then you should submit a Declaration of Stakeholder Interest.
How to submit a Response (19)

On the Chemical Substances website, you will find links to the Notice, associated
guidance document, and the CMP online reporting system

Responses to the Section 71 notice, Declaration of Stakeholder Interest, and
Declaration of Non-Engagement should be completed electronically using the online
reporting system available through Environment Canada’s Single Window. Key
documents and links are currently available.

Guidance on Environment Canada’s Single Window is currently available online and
a new CMP online reporting “How-To” guide has been developed. Although a link
exists for the How-To guide, it currently links to the previous version so the updated
version must be requested from Substances@ec.gc.ca. Please include in the
Request: CMP Online Reporting How-To guide as the subject of your email.
Contact Information (20)

Any questions on how to complete the Notice should be sent to the Substances
Management Coordinator.

When submitting a question, clearly indicate that it is a Petroleum Substances
Inquiry, either in the subject line of your email or in your call or voicemail. Please
note that there are some on-going issues with the telephones, so if you have not
heard back from a voice message in 3 days, please email the Substances
Management Coordinator.
Thank You! (21)
10
September 2015
Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

That concludes our presentation on the Notice with respect to certain petroleum
substances on the DSL. Thank you!
11