WORLD TRADE
G/TBT/N/CAN/110
17 November 2004
ORGANIZATION
(04-4951)
Committee on Technical Barriers to Trade
Original: English/
French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1.
Member to Agreement notifying: CANADA
If applicable, name of local government involved (Articles 3.2 and 7.2):
2.
Agency responsible: Department of the Environment and Department of Health
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of agency or authority designated to handle comments
regarding the notification shall be indicated if different from above: Canadian Enquiry
Point, 200-270 Albert Street, Ottawa, Ontario, Canada, K1P 6N7 Tel.: +1 613 238 3222,
Fax.: +1 613 569 7808, E-mail: info@scc.ca
3.
Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
4.
Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable): Chemicals and Polymers
(ICS: 13.020, 71.100)
5.
Title, number of pages and language(s) of the notified document: Proposed New
Substances Notification Regulations (Chemicals and Polymers) (pages 3032-3082; English
and French)
6.
Description of content:
The proposed New Substances Notification Regulations
(Chemicals and Polymers) [the "proposed Regulations"] are the culmination of an extensive
stakeholder consultation on the chemicals and polymers portion of the existing New
Substances Notification Regulations (NSNR) and the New Substances Program ("NS
Program"). The proposed Regulations implement consensus-based recommendations from
these consultations.
The NS Program ensures that no new substance (chemical, biochemical, polymer,
biopolymer, or living organism) is imported into, or manufactured in, Canada before a
formal assessment of its potential risks to the environment and human health has been
completed, and any appropriate risk management measures have been implemented. Parts I
and II of the NSNR for chemicals and polymers came into force in 1994 and were amended
in 1997 to include both provisions for biochemicals and biopolymers (G/TBT/Notif.96/327)
and Part II.1 for new substances that are organisms (G/SPS/N/CAN/13).
The primary function of the proposed Regulations remains the same as the existing
NSNR: both provide the regulatory framework for the notification and assessment of new
chemicals and polymers. Those proposing to import or manufacture new chemicals or
polymers are responsible for providing specific information to the NS Program, as set out
primarily in the schedules to the proposed Regulations. These notifications may include a
. /.
G/TBT/N/CAN/110
Page 2
statement of the uses of the substance, information regarding its physical and chemical
properties, and/ or toxicity and ecotoxicity data. The amount and nature of the information
required varies depending on the type of substance (i.e. chemical, biochemical, polymer,
biopolymer), its intrinsic properties, its intended purpose (research and development,
contained site-limited intermediate, contained export-only, etc.), its status in United States
commerce, and the quantity to be imported or manufactured.
The proposed Regulations are part of a new regulatory structure that divides the
NSNR into two distinct Regulations:
1. New Substances Notification Regulations (Chemicals and Polymers), which will apply to
chemicals (including biochemicals) and polymers (including biopolymers) that are for a use
not covered under other federal legislation listed in Schedule 2 of the Act; and
2. New Substances Notification Regulations (Organisms), which will apply to living
organisms that are for a use not covered under other federal legislation listed in Schedule 4
of the Act.
7.
Objective and rationale, including the nature of urgent problems where applicable:
Protection of the environment and human health
8.
Relevant documents: Canada Gazette, Part I, 30 October 2004
9.
Proposed date of adoption: Not stated
Proposed date of entry into force: Early 2005
10.
Final date for comments: 29 December 2004
11.
Texts available from: National enquiry point [ X ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:
The electronic version of the regulatory text can be downloaded at:
http://canadagazette.gc.ca/partI/2004/20041030/pdf/g1-13844.pdf