Guidance for responding to the Notice with respect to certain aromatic azo- and benzidine-based substances (the notice)

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Published in the Canada Gazette Part I on December 17, 2011

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Information for completion of the December 17, 2011 section 71 notice

• Introduction
• 1. What is the purpose of the notice?
• 2. Where can I get a copy of the notice?
• 3. What substances are included?
  • 3.1 Substances covered by the Notice
• 4. Who is required to respond?
  • 4.1 Exclusion
  • 4.2 Do I manufacture?
  • 4.3 Do I import?
• 5. How to submit a blind submission?
• 6. Schedule 3 of the notice
  • 6.1 How do I report the total quantities manufactured and imported?
  • 6.2 What are the North American Industry Classification System codes?
  • 6.3 What are the Industrial Function Codes and Consumer and Commercial Codes?
  • 6.4 Code Numbering System for Industrial Function Codes and Consumer/Commercial Codes
• 7. How to complete the sections of Schedule 3
  • 7.1 Section 3 of the notice
  • 7.2 Section 4 of the notice
  • 7.3 Section 5 of the notice
  • 7.4 Section 6 of the notice
  • 7.5 Section 7 of the notice
  • 7.6 Section 8 of the notice
  • 7.7 Section 9 of the notice
  • 7.8 Section 10 of the notice
  • 7.9 Section 11 of the notice
• 8. Information to which you may reasonably be expected to have access
• 9. How and to whom do I respond?
• 10. What is the deadline for responding?
• 11. What if I need an extension?
• 12. Inquiries - whom to contact
• Annex 1

Introduction

This document provides guidance for responding to the notice published in the Canada Gazette, Part I, on December 17, 2011 pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999  [the Act]. The document is available for guidance only, and in case of discrepancy between this document and the notice or the Act, the official versions of the notice and the Act take precedence.

On June 5, 2010, the Minister of the Environment and the Minister of Health (the Ministers) published in the Canada Gazette, Part I, the Notice of intent to assess and manage the risks to the health of Canadians and their environment posed by aromatic azo substances which may break down to certain aromatic amines, substances which may break down to certain benzidines, and the corresponding aromatic amines or benzidines. The notice of intent was published to outline how Health Canada and Environment Canada will address a Group of substances. It applies to those substances identified for further action during the Categorization exercise and which are considered to be aromatic azo substances, which may break down to certain aromatic amines, substances, which may break down to certain benzidines, and the corresponding aromatic amines or benzidines.

The first step in this approach is to collect basic data on the substances listed in Schedule 1 of the notice, in order to update the information available on quantities, uses, properties and commercial status. The information collected from this notice will inform both the human health and ecological risk assessment and possible risk management for this Group-based evaluation.

In addition, the Ministers invite the submission of additional information by interested stakeholders. In particular, stakeholders are encouraged to provide data relating to physical-chemical, toxicity or any other properties of a substance, as well as data relating to the extent and nature of the management and stewardship of these substances. Stakeholders may also submit additional information with respect to these substances, using the Stakeholder Interest form available on the Government of Canada’s Chemical Substances web site.

The December 17, 2011 notice and all documents related to the collection of information are available through the Government of Canada’s Chemical Substances web site.

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1. What is the purpose of the notice?

The information collected from this notice may be used for assessing whether a substance is toxic or capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance.
The purpose of this notice is to gather information on approximately 225 substances in order to inform risk assessment and possible risk management activities. The type of information being collected includes:

• whether the substances covered under the notice were manufactured in or imported into Canada;
• the relative quantities of these substances manufactured or imported;
• the industrial sectors involved in the manufacture and/or import of the substances;
• the intended use of the substances (commercial activities, consumer activities, by or for children);
• the supplier(s) of the substance(s);
• the purchaser(s) of the substance(s);
• substance composition information;
• available unpublished data on physical-chemical properties, toxicity, metabolism, degradation, absorption, leachability or data related to the release of the substance from final mixture, manufactured item or product.

The second major goal is to identify persons, including companies, having recent activity with respect to any of these substances to allow for follow-up and, where necessary, to gather more detailed information.

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2. Where can I get a copy of the notice?

The notice was published in Part I of the Canada Gazette, pursuant to paragraph 71(1)(b) of the Act. Links to view the notice published in the Canada Gazettecan be found on the Government of Canada’s Chemical Substances web site.

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3. What substances are included?

This notice includes a list of approximately 225 substances.

Where these substances are found in manufactured items intended for use by or for children, products, or mixtures, such as colourants, the information reported should be based on the substance itself, rather than the colourant, pigment or dye, other manufactured item intended for use by or for children, mixture, or product it may be found in.

3.1 Substances covered by the notice

Schedule 1 to the notice

List of Substances

An indicative list of generic trade names that could contain the reportable substances is provided in annex 1 of this document.

Part 1 Substances

Part 2 Substances

Part 3 Substances

Part 4 Substance

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4. Who is required to respond?

As outlined in Schedule 2 of the notice, the notice applies to any persons who, during the 2010 calendar year, manufactured a total quantity greater than 100 kilograms (kg) of a substance listed in Schedule 1 to this notice at any concentration.

The notice also applies to any persons who, during the 2010 calendar year, imported a total quantity greater than 100 kg of a substance listed in Part 1 and Part 2 of Schedule 1 of the notice at any concentration, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product.

Furthermore, the notice applies to any persons who, during the 2010 calendar year, imported a total quantity greater than 100 kg of a substance listed in Part 3 and Part 4 of Schedule 1 to the notice at any concentration, whether alone, or in a mixture.

Example 1:

1. Company meets the reporting threshold:
   In 2010, if your company imported 1000 kg of Colourant X that contains 25% of a reportable substance, then 250 kg were imported. The reporting threshold is met.
2. Company does not meet the reporting threshold:
   In 2010, if your company manufactured 8 kg of a reportable substance, the reporting threshold is not met.

Subsection 71(3) of the Act states that every person to whom a notice was issued under paragraph 71(1)(b) of the Act must comply with the notice within the time specified in the notice. The time specified in this notice is April 16, 2012, 3 p.m. Eastern Daylight Saving Time.

If the person subject to the notice is a corporation who owns more than one facility, a single response to the notice shall be submitted.

4.1 Exclusion

This notice does not apply to a substance whether alone, in a mixture, product or manufactured item that is in transit through Canada.

Parts 1 and 2 substances:

The notice applies to any person who, during the 2010 calendar year, imported a total quantity greater than 100 kg of a substance listed in Part 1 and Part 2 of Schedule 1 to this notice at any concentration, whether alone, in a mixture, or in a product; or whether in a manufactured item intended for use by or for children.

For the purpose of this notice, only imported manufactured items intended for use by or for children are reportable. All other manufactured items are excluded.
Products include, but are not limited to, cosmetics, textile fibre products, leather apparel and footwear and food and food packaging.

The following examples are considered reportable manufactured items intended for use by or for children or reportable imported products:

• Carton of eggs
• Chewing gum
• Clothing
• Curtains for residence dwelling
• House carpeting
• Hair brushes
• Fertilizers
• Industrial cleaning products
• Industrial grease or lubrication products
• Leather boots
• Pet care products
• Potato chips bag
• Shampoos
• Bed sheets
• Skin creams
• School bus
• Toys

For instance, carpet for a household is reportable as it is intended for personal use (refer to definitions in Schedule 3 of the notice). On the other hand, office carpet is not targeted by this notice as it is not intended for personal use.

The following examples are not considered reportable manufactured items intended for use by or for children or reportable imported products:

• Agricultural equipment
• Bicycles for adults
• Construction equipment
• Household appliances
• Industrial machinery
• Office carpet
• Office equipment

4.2 Do I manufacture?

The notice provides that:

“Manufacture” includes to produce or to prepare a substance, and also the incidental production of a substance.

This term relates to the creation or production of a substance listed in Schedule 1 of the notice. The term “manufacture,” as used in the notice, applies only to the substance itself, and not to the manufacture of a product, mixture or manufactured item using the substance.

In general, using one or more of the reportable substances to blend or formulate products or mixtures does not meet the definition of “manufacture” under the present notice. However, incidental production of a reportable substance may occur if, during the process of blending or formulating, a chemical reaction occurs that results in the production of a substance (or by-product) that is reportable under the notice. In this case, the incidental production of the reportable substance would meet the definition of “manufacture” under the notice.

4.3 Do I import?

Import relates specifically to the movement into Canada from another country of any substance identified in Schedule 1 (Parts 1 to 4) of the notice or any mixture that contains such a reportable substance. Import also refers to the movement into Canada from another country of any substance identified in Part 1 or Part 2 of Schedule 1 of the notice contained in manufactured items intended for use by or for children or products.

If you are aware that an imported mixturecontains a substance included in Schedule 1 of the notice or if you import the substance, you are required to report on this substance if you meet the reporting threshold. As well, if you import a manufactured item intended for use by or for children or productthat contains a substance listed in Part 1 or Part 2 of Schedule 1 of the notice, you are required to report on this substance if you meet the reporting threshold. You are required to provide information that your company possesses or to which your company may reasonably be expected to have access (more information on this topic is presented in section 8 of this guidance document).

For the purpose of this notice, only imported manufactured items intended for use by or for children are reportable. All other manufactured items are excluded. In addition, product includes, but is not limited to, cosmetics, textile fibre products, leather apparel and footwear and food and food packaging. All other products are also captured by this notice. Refer to section 4.1 for examples of manufactured items intended for use by or for children or products.

A “manufactured item” means an item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.

For the purpose of the notice, possible situations where you are considered to “import” include, but are not limited to, the following examples:

Example 2:

1. You are an individual, company or other person in Canada that ordered or purchased, from a foreign supplier, a reportable manufactured item intended for use by or for children, substance, mixture, or product containing a reportable substance, listed in Part 1 or Part 2 of Schedule 1 of the notice, that was shipped directly from a foreign source (such as a person or company situated outside of Canada) to your location in Canada.
2. You are an individual, company or other person in Canada that ordered or purchased, from a foreign supplier, a manufactured item intended for use by or for children, substance, mixture, or product containing a reportable substance, listed in Part 1 or Part 2 of Schedule 1 of the notice, that was shipped directly from a foreign source to an address in Canada (including a distribution warehouse) on your request.
3. You are an individual, company or other person in Canada that received a manufactured item intended for use by or for children, substance, mixture, or product containing a reportable substance, listed in Part 1 or Part 2 of Schedule 1 of the notice, as an internal company transfer from a foreign source.
4. You are an individual, company or other person in Canada that ordered or purchased, from a foreign supplier, a reportable substance or a mixture containing a reportable substance listed in Part 3 or 4 of Schedule 1 of the notice, that was shipped directly from a foreign source (such as a person or company situated outside of Canada) to your location in Canada.

Your activities do not meet the definition of “import” if you purchased or received a manufactured item intended for use by or for children, substance, mixture, or product containing a reportable substance that was already located in Canada.

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5. How to submit a blind submission?

Since customers may purchase several different manufactured items intended for use by or for children, mixtures, or products that contain the substance, or may import the same item from several suppliers, it may be difficult to determine if the total quantity meets the threshold.  If a supplier knows/suspects that a customer should report, based on quantities purchased, the supplier may choose to inform the customer of this.

Customers may ask their suppliers if the products they purchase contain substances listed in Schedule 1 of the notice.  Suppliers looking to protect their formulations as confidential business information may be reluctant to provide the information to their customers.  In this case, suppliers and customers can work together in order for each person to provide the information via a "blind submission".

For further information on blind submissions, please contact the Substances Management Information Line (see Section 12 of this document for details).

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6. Schedule 3 of the notice

6.1 How do I report the total quantities manufactured and imported?

It is necessary to report the total quantities manufactured and imported for the substances listed in Schedule 1 of the notice by indicating the appropriate quantity. You are asked to report the total quantity of the substances manufactured or imported as separate entries.

Quantities must be provided for the substanceitself, and not the manufactured item intended for use by or for children, mixture, or product in which it may be contained. Colourants often contain multiple substances. Responses should be based on eachreportable substance within the colourant in the mixture, product or manufactured items intended for use by or for children.

Example 3:

A person imported 300 kg of C.I. Pigment Yellow XX. This colourant contains several substances, including one substance that is reportable under this notice, at a concentration of 50%. The person is only required to report on 150 kg of this substance.

For mixtures, including colourants, for which substance composition is unknown, a range may be provided based on the proportion within the mixture.

6.2 What are the North American Industry Classification System codes?

You are required to report each applicable six-digit North American Industry Classification System (NAICS) code with respect to each of the person’s activities with the manufactured item intended for use by or for children, substance, product, or mixture containing the substance. The code will provide general information on the number and types of sectors involved with the substances listed in the notice.

The NAICS codes were developed by Statistics Canada, the U.S. Office of Management and Budget, and Mexico's Instituto Nacional de Estadistica Geografia e Informatica, to enable the national agencies to collect comparable statistical data.

To determine which NAICS code applies to the activities on which you are reporting, a list of six-digit NAICS codes is available at the North American Industry Classification System (NAICS) 2007 on Statistics Canada web site (note that the NAICS code(s) web address is case sensitive).

6.3 What are the Industrial Function Codes and Consumer and Commercial Codes?

Industrial Function Codes and Consumer and Commercial Codes were developed jointly among the United States Environmental Protection Agency, Health Canada and Environment Canada in order to facilitate the exchange of information between the United States and Canada and to encourage consistency in reporting chemical substances by industry.

For all substances, you are required to report the Codes that apply to the activity involving each reportable substance. Please refer to sections 12 and 13 of the notice or section 6.4 of this document for the list of codes and their corresponding applications.

Industrial function refers to the intended physical or chemical characteristic for which a chemical substance or mixture is consumed as a reactant; incorporated into a formulation, mixture, reaction product, or article; repackaged; or used (e.g., dyes).

Consumer activity refers to the use of a substance that is directly, or as part of a mixture, a product; or a manufactured item, sold to or made available to consumers for their use in or around a permanent or temporary household or residence, a school, or recreational areas.

Example 4:

1. Substance has a consumer activity:
   In 2010, if your company sold a product containing the substance X to an enterprise that sold it to consumers for their personal use, the substance had a consumer use.
2. Substance has a consumer activity:
   In 2010, if your company imported a product containing the substance X and it was then sold directly to customers (i.e. the general population) for their personal use, the substance had a consumer use.
3. Substance does not have a consumer activity:
   In 2010, if your company sold a mixture containing the substance X to another enterprise that used the mixture in their industrial operation, the substance did not have a consumer use.

Commercial activity refers to the use of a substance or the use of a mixture, product; or manufactured item containing a substance, in a commercial enterprise providing saleable goods or services.

Example 5:

1. Substance has a commercial activity:
   In 2010, if your company sold a product containing the substance X to an enterprise that used the substance for their industrial operation, the substance had a commercial use.
2. Substance has a commercial activity:
   In 2010, if your company used the substance when providing services to other persons or companies, the substance had a commercial use.
3. Substance does not have a commercial activity:
   In 2010, if your company imported a substance that was entirely used within your company’s operations, the substance did not have a commercial use.

6.4 Code Numbering System for Industrial Function Codes and Consumer/Commercial Codes

All codes consist of one letter followed by a three-digit number. A basic structure of [Type], [Group #], [Code #] is applied to all codes where:         

Example:

Use code C203, “Building/Construction Materials - Wood and Engineered Wood Products”, is a consumer and commercial code ([Type] is “C”), which belongs to group 2 ([Group #] is 2), and is the third code listed in this group ([Code #] is 03). 

Use code number 999 is reserved for the “Other” code in both industrial function codes (U999) and consumer and commercial codes (C999). When selecting this code, a written description of the industrial function or consumer and commercial code must be provided.

Industrial Function Codes

Consumer and Commercial Codes

List of Consumer and Commercial Code Groups

Table 1. Substances in furnishings, cleaning, treatment or care

Table 2. Substances in construction, paint, electrical or metal

Table 3. Substances in packaging, paper, plastic or hobby

Table 4. Substances in automotive, fuel, agriculture or outdoor use

Table 5. Substances in items for food, health or tobacco

Table 6. Substances in products, mixtures or manufactured items not described by other codes

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7. How to complete the sections of Schedule 3

7.1 Section 3 of the notice

Identification and Declaration Form

The Identification and Declaration Form is provided for three reasons:

1. to update the identification and contact information of each person who responds to the notice;
2. to certify the accuracy of the response;
3. to request confidentiality.

You must submit an original signed version of the Identification and Declaration Form to the Minister of the Environment.

Confidentiality requests

Pursuant to section 313 of the Act, any person who provides information in response to the notice may submit, with the information, a written request that it be treated as confidential. A request for confidentiality may be submitted for all or part of the information provided. A request should only be made for information that is truly confidential. Despite a request for confidentiality the Minister of the Environment may disclose information in accordance with sections 315, 316 or 317 of the Act.

Some examples of where a request for confidentiality has been made include when:

• the information is confidential to your company and has consistently been treated as such by your company;
• your company has taken, and intends to continue to take, measures that are reasonable in the circumstances to maintain the confidentiality of the information;
• the information is not, and has not been, reasonably obtainable by third persons by use of legitimate means, except with the consent of your company;
• the information is not available to the public;
• disclosure of the information may reasonably be expected to cause substantial harm to the competitive position of your company; and,
• disclosure of the information may reasonably be expected to result in a material financial loss to your company or a material financial gain to your company’s competitors.

Upon receipt of a request for confidentiality under section 313 of the Act, in relation to information submitted pursuant to this notice, the Minister of the Environment shall not disclose that information, except in accordance with sections 315, 316 or 317 of the Act.

7.2 Section 4 of the notice

For each substance listed in Part 1 and 2 of Schedule 1 of the notice, provide the total quantity of the substance that was manufactured or imported, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product during the 2010 calendar year, by indicating the total quantity of the substance in kilograms (rounded to the nearest kg, if less than 1 000kg; rounded to the nearest hundred kg, if greater than 1 000kg).

Indicate each applicable six-digit North American Industry Classification System (NAICS) code(s) that applies with respect to each of the person’s or company’s activities with the manufactured item intended for use by or for children, substance, product, or mixture containing the substance. If your company has a large spectrum of activities, please select the NAICS codes that apply to the activity your company has with the substance being reported.

If both manufacture and import are applicable, please report information as separate entries.

Please also consult section 6.1 of this document for more information on how to report quantities manufactured or imported.

Example 6:

In 2010, a company imported 5137 kilograms of Benzenesulfonic acid, 3-[[[4-(2-benzothiazolylazo)-3-methylphenyl]ethylamino]methyl]- (CAS RN 29706-48-7), and manufactured 547.3 kilograms of 1,3-Benzenediamine, 4,4’-[1,3-phenylenebis(azo)]bis-, dihydrochloride (CAS RN 10114-58-6). The company’s primary activity with the substances is textile dyeing, which has the applicable NAICS code 313310 (Textile and Fabric Finishing).

7.3 Section 5 of the notice

For each substance listed in Part 1 and Part 2 of Schedule 1 of the notice, that a person manufactured or imported, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product during the 2010 calendar year, provide any unpublished data available on the substance with regards to absorption, distribution, metabolism or elimination; aerobic biodegradation, anaerobic biodegradation or hydrolysis; azo reductive cleavage on skin, in gastrointestinal tract or in the environment; bioconcentration factor or biomagnification factor; ecotoxicity (aquatic, soil, sediment); carcinogenicity; genotoxicity; melting point; octanol solubility; octanol-water partition coefficient (log Kow); organic carbon-water partition coefficient; vapour pressure; andwater solubility. The data can be from any calendar year.

In addition to this, the title of the unpublished data submitted must be provided. Furthermore, if there is any additional unpublished data available on the substance with regards to physical-chemical properties, toxicity, metabolism, degradation or the release of the substance from the manufactured item intended for use by or for children, final mixture, or product, then the study titles must be provided. The data can be from any calendar year.

The study or data is to be provided in electronic format, either on a CD, DVD or USB memory stick. If the file size is small enough, it can be sent by email. Paper copies of the data can also be sent.

If the study or data was previously provided to the Minister of the Environment, it does not need to be resubmitted if the person chooses instead to provide the information under section 5(2) to the notice.  The following information must be provided in section 5(2) of the notice:

(i) the title and the date of the publication of that notice in the Canada Gazette, Part I, and,
(ii) the applicable section and part of the notice;

For the purposes of the notice, data is considered "unpublished" if it cannot be readily found using standard search engines (e.g. Scopus, Pubmed, Toxline, etc.). 

If the person chooses to provide the information under section 5(2) to the notice, the person is deemed to agree that the information referred to is their response to section 5(1) to the notice.

Arrangements can be made with Canadian Associations interested in submitting studies on behalf of Canadian companies.

Example 7:

A person who responds to the notice possesses data on water solubility and log Kow, studies for Benzenesulfonic acid, 3-[[[4-(2-benzothiazolylazo)-3-methylphenyl]ethylamino]methyl]-  (CAS RN 29706-48-7), and an aquatic toxicity study (LC50 in fathead minnow) , an in vitro dermal penetration study, and bleed fastness test data which was previously provided, for 1,3-Benzenediamine, 4,4’-[1,3-phenylenebis(azo)]bis-, dihydrochloride (CAS RN 10114-58-6).

If the data was not previously submitted, it must be submitted here.

5(1)

5(2)

7.4 Section 6 of the notice

For each substance listed in Part 1 and Part 2 of Schedule 1 of the notice that was manufactured or that was imported, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product during the 2010 calendar year, list the applicable Industrial Function Code(s) (set out in section 12 of the notice) that apply to the substance. Also provide the quantity of the substance manufactured or imported for each Industrial Function Code, reported in kilograms (rounded to the nearest kg, if less than 1 000 kg; rounded to the nearest hundred kg, if greater than 1 000 kg).

If you do not know the exact use of the substance or the substance in the manufactured item intended for use by or for children, mixture, or product, then choose the Industrial Function Code(s) that is consistent with the most complete and accurate information available to you.

Where code U999 is applicable, a written description of the substance function must be provided.

Example 8:

In 2010, a person imported a colourant containing a substance (CAS RN 10114-58-6) that had the industrial function code U021 (pigment). The total quantity of the substance imported for this industrial use is 2100 kg.

Example 9:

In 2010, a person imported a substance (CAS RN 10114-58-6), that had the industrial function code U008 (dyes). The total quantity of the substance imported for this industrial use is 110.6 kg (quantity rounded to 111 kg).

7.5 Section 7 of the notice

For each substance listed in Part 1 and Part 2 of Schedule 1 of the notice, that was imported, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product during the 2010 calendar year, list the name, head office street and mailing address, contact name, telephone number and email of the five suppliers from whom the greatest amount of substance was received.

Example 10:

7.6 Section 8 of the notice

For each substance listed in Part 1 and Part 2 of Schedule 1 of the notice, that was manufactured or imported, whether in a manufactured item intended for use by or for children, alone, in a mixture, or in a product during the 2010 calendar year, list the name, head office street and mailing address, telephone number and email of the 10 persons in Canada to whom the largest quantity of the substance was sold. For each customer, also provide the total quantity of the substance that was sold to each person identified.

Example 11:

In 2010, a person imported a substance (CAS RN 10114-58-6) in a mixture, which was used to make paint. The paint was then sold to three companies in Canada. Customer information is required.

Example 12:

In 2010, a person manufactured a substance (CAS RN 10114-58-6) then sold it to three companies in Canada for use as a formulation component. Customer information is required.

Example 13:

In 2010, a person imported a substance (CAS RN 10114-58-6) and distributed it as is to three companies in Canada. Customer information is required.

7.7 Section 9 of the notice

For each substance listed in Part 1 and Part 2 of Schedule 1 of the notice that was manufactured or imported, whether in a manufactured item intended for use by or for children, alone, in a product, or in a mixture during the 2010 calendar year, list the applicable Consumer and Commercial Code(s) (set out in section 13 to the notice), and for each Consumer and Commercial code, the quantity  of the substance manufactured or imported in kilograms (rounded to the nearest kg, if less than 1 000 kg; rounded to the nearest hundred kg, if greater than 1 000 kg), the concentration or range of concentrations of the substance by weight (w/w%) in the manufactured item intended for use by or for children, mixture, or product and the known or anticipated final substance, mixture, product, or manufactured item containing the substance.

The Consumer and Commercial Code reported should apply to the substance whether in a manufactured item intended for use by or for children, alone, in a product, or in a mixture.

Indicate whether any known or anticipated final substance, mixture, or manufactured item containing the substance is intended for use in commercial activities, for use in consumer activities, or for use by or for children.

When responding if the known or anticipated final substance, mixture, product, or manufactured item containing the reportable substance is intended for use by or for children, the following guidance can be considered:

In the spirit of harmonization with the U.S. EPA TSCA Inventory Update Reporting, for the purposes of this survey only, "children" are defined as the age of 14 or younger. Your chemical substance, manufactured item  mixture, or product is intended to be used by children  when you answer “yes” to at least one of the following questions:

1. Is the substance, mixture, product, or manufactured item commonly recognized (i.e., by a reasonable person) as being intended for children age 14 or younger?
2. Does the manufacturer of the substance, mixture, product, or manufactured item state through product labeling or other written materials that the product is intended for or will be used by children age 14 or younger?
3. Is the advertising, promotion, or marketing of the product aimed at children age 14 or younger?

For example, among other items, certain products such as crayons, coloring books, diapers, and toy cars are typically to be used by children age 14 or younger. Certain products such as household cleaning products, automotive supplies, and lubricants are not typically intended to be used by children age 14 or younger.

Example 14:

In 2010, a person imported a substance (CAS RN 29706-48-7) which is a pigment that becomes part of product formulations or mixtures. The end products containing this substance are plastic containers (C303) and hand cream (C108). The concentration of the substances within the plastic containers and hand creams is 0.02% and 0.1%, respectively. Both products are intended for consumer activities and might be used by children. Of the total quantity imported (5137kg), 190 kg were used to make hand cream.

7.8 Section 10 of the notice

For each substance of Unknown or Variable Composition, Complex Reaction Products or Biological Materials (UVCB) in Part 2 of Schedule 1 of the notice, that was manufactured or imported, whether in a manufactured item intended for use by or for children, alone, in a product, or in a mixture and for the UVCB in Part 4 of Schedule 1 of the notice, that was manufactured or imported, whether alone or in a mixture, during the 2010 calendar year, provide the chemical identity of the components of the substance, as well as the concentration of each component listed. Each component identified should at minimum level of specificity represent a distinct homologous group with a unique molecular formula and weight. Chemical identity is to be represented by CAS RN where known, otherwise a description can be provided.

Provide the supporting analytical data and methods used to identify the components, which may include chromatograms, spectral analyses (e.g. C or H-nuclear), nuclear magnetic resonance (NMR) spectra data, infrared or UV-VIS spectra data, mass spectra (MS) or atomic absorption spectra (AAS) data); and/or reference to peer reviewed articles supporting chemical identity and concentration information, or reference to industry or analytical standards such as the color index or ISO-Standards for essential oils.

When analytical information is submitted, ensure that sufficient detail of the methodology is provided such that concentration and/or chemical identity information may be interpreted from the information provided.

The person may wish to contact the supplier to obtain information on the chemical identity of the components of the substance. If the information is not available, the person can provide representative structures for the substance.

Example 15:

7.9 Section 11 of the notice

For each substance listed in Part 3 and Part 4 of Schedule 1 of the notice, that a person manufactured or imported, whether alone or in a mixture, during the 2010 calendar year, indicate the quantity of the substance manufactured or imported in kilograms (rounded to the nearest kg, if less than 1 000 kg; rounded to the nearest hundred kg, if greater than 1 000 kg), the applicable North American Industry Classification System (NAICS) codes and the Consumer and Commercial codes.

Example 16:

In 2010, a person imported a substance (CAS RN 5102-83-0), which is a pigment. The substance is used to make plastic containers (C303) and hand cream (C108). Of the total quantity imported (5137kg), 190.5 kg were used to make hand cream. The company’s activity with the substance is the manufacture of plastic containers which has the applicable NAICS code 326198 and preparation of personal care products which has the applicable code 325620.

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8. Information to which you may reasonably be expected to have access

You are required to provide information that your company possesses or to which you may reasonably be expected to have access. For example, when importing a manufactured item intended for use by or for children, substance, mixture, or product you may reasonably be expected to have access to import records and the relevant Material Safety Data Sheet (MSDS). An MSDS is an important source of information on the composition of a purchased product. Note that the goal of the MSDS is to protect the health of the workers, not the environment. Therefore, an MSDS may not list all product ingredients on which the Minister of the Environment is requiring information under the notice. You may wish to contact your supplier for more detailed information on product composition. Manufacturers would be reasonably expected to have access to their formulations.

Also, a company may have access to its parent company’s information regarding substances, mixtures, products or manufactured items. You are not required to conduct tests to comply with this notice.

This notice is seeking to identify all persons with interest in or activity involving the substances listed in Schedule 1 of the notice. The goal is to ensure regulatory decisions are made considering all business activities in Canada.

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9. How and to whom do I respond?

Responses to the notice must be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator. Responses can also be submitted electronically, using the online reporting tool available on the Government of Canada’s Chemical Substances web site.

The form must be "Submitted" to transmit the data. To complete the submission, a signed paper copy of the completed section 71 notice must be received by the Substance Management Coordinator at:

By mail:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau, QC
K1A 0H3                             

By courier:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau, QC
J8X 4C6

Or fax the form to 819-953-7155

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10. What is the deadline for responding?

Every person to whom the notice applies is required to comply with the notice no later than April 16, 2012, 3 p.m. Eastern Standard Time.

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11. What if I need an extension?

As provided in subsection 71(4) of the Act, you may submit a written request for an extension of time to comply with the notice. The request for an extension should include the CAS RN of the substances on which information will be reported and provide a reason for the request. Address your request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Coeur Boulevard, 8th Floor, Gatineau, QC, K1A 0H3. You may send your request by mail, by fax at 819-953-7155 or by email at Substances@ec.gc.ca. Please note that you must request an extension of time before expiry of the April 16, 2012, 3 p.m. Eastern Daylig Saving Timedeadline. No extensions will be granted after the deadline has expired. It is recommended that any request for an extension be submitted at least five business days before April 16, 2012, to allow for time to process the request by the Minister of the Environment prior to the deadline.

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12. Inquiries - whom to contact

If you have an inquiry, please contact the Substances Management Information Line at the following numbers or email address:

Telephone: 800-567-1999 (toll-free in Canada) or 819-953-7156 (outside of Canada)
Fax: 819-953-7155
Email: Substances@ec.gc.ca

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Annex 1

This is a list of generic trade names that could contain some of these substances. The trade names listed in the following table could contain one or more of the substances covered under this notice. If you are engaged with one of the trade names listed here, you may need to report on certain substances covered in the notice. Substances covered in this notice may not be represented in this non-exhaustive list.

It is important to note that this list is simply for guidance purposes.  The information must be reported on a substance basis, based on the substances (i.e. for individual CAS RN) set out in Schedule 1 of the Notice.

When consulting the list of trade names, please also consider the following:

• It is not an exhaustive list;
• Trade names provided may not necessarily contain the substances being surveyed;
• Trade names provided often contain more than one substance.

If a person does not know the composition of the trade names they are engaged with, they may want to clarify composition information with their supplier(s).

• Acid Black 24
• Acid Black 26
• Acid Blue 113
• Acid Brown 194
• Acid Brown 58
• Acid Brown 75
• Acid Orange 156
• Acid Orange 33
• Acid Orange 56
• Acid Orange 7
• Acid Red 114
• Acid Red 119
• Acid Red 128
• Acid Red 138
• Acid Red 18
• Acid Red 27
• Acid Red 97
• Acid Violet 54
• Acid Violet 97
• Acid Yellow 23
• Acid Yellow 36
• Azoic Coupling Component 3
• Azoic Diazo Component 37
• Basic Brown 1
• Developer 17
• Direct Blue 151
• Direct Blue 158
• Direct Blue 25
• Direct Blue 295
• Direct Blue 71
• Direct Blue 8
• Direct Brown 95
• Direct Green 28
• Direct Orange 26
• Direct Orange 39
• Direct Orange 72
• Direct Red 2
• Direct Red 26
• Direct Red 31
• Direct Red 4
• Direct Red 46
• Direct Red 62
• Direct Red 81 triethanolamine salt
• Direct Violet 51
• Direct Yellow 11
• Direct Yellow 11, lithium salt
• Direct Yellow 12
• Direct Yellow 26
• Direct Yellow 34
• Direct Yellow 50
• Disperse Black 6
• Disperse Blue 125
• Disperse Blue 79:1
• Disperse Blue 94
• Disperse Brown 1
• Food Black 2
• Food Red 7
• Food Red 9
• Food Yellow 4
• Oxidation Base 12
• Pigment Orange 36
• Pigment Red 112
• Pigment Red 170
• Pigment Red 177
• Pigment Red 266
• Pigment Red 268
• Pigment Red 48:2
• Pigment Red 48:5
• Pigment Red 49:1
• Pigment Red 50:1
• Pigment Red 50:2
• Pigment Red 52:1
• Pigment Red 52:2
• Pigment Red 53:1
• Pigment Red 63:1
• Pigment Red 83:1
• Pigment Yellow 1
• Pigment Yellow 12
• Pigment Yellow 13
• Pigment Yellow 176
• Pigment Yellow 3
• Pigment Yellow 73
• Pigment Yellow 83
• Reactive Black 5
• Reactive Blue 225
• Solvent Red 24
• Solvent Red 33
• Solvent Yellow 1