ARCHIVED - Memo - Final decision to apply the Significant New Activity provisions of the Canadian Environmental Protection Act, 1999 to six substances with exclusive pesticidal uses

11 August 2009

1.0 Purpose

The purpose of this memo is to communicate to registrants that on August 8, 2009, the final screening assessment report and conclusions for six pesticides on CEPA 1999 Domestic Substances List (DSL) was published in Canada Gazette, Part I.

2.0 Background

On August 13, 2007, PMRA informed pesticide registrants that the draft sreening assessment report for six substances on the DSL with exclusive pesticidal uses (trifluralin, atrazine, chlorothalonil, pentachlorophenol, chlorophacinone and methoxychlor) was published in Canada Gazette, Part I.

The final screening assessment report, published August 8, 2009, indicates that the non-pesticidal uses of these six substances do not pose a risk to the environment or to human life or health because they are not used for applications other than those registered under the Pest Control Products Act (PCPA).

The DSL will be amended to indicate that the Significant New Activity (SNAc) provisions of CEPA 1999 apply to these substances. Any person wishing to import, manufacture or use these substances for non-pesticidal activities must provide the relevant information requested in the Significant New Activity notice so that the environmental and human life or health risks associated with these activities can be assessed under CEPA 1999.

3.0 Implications for Pesticide Products

Applying the SNAc provisions of CEPA 1999 to these six substances does not impact the regulatory status of the six pesticides under the PCPA. The SNAc provisions simply restrict the manufacture, import or use of these substances to registered pesticidal uses.

Trifluralin, atrazine, chlorothalonil, chlorphacinone, methoxychlor and pentachlorophenol are registered, or have been registered as pesticide active ingredients, under the PCPA.

Two of these pesticides, atrazine and chlorophacinone were recently re-evaluated under the PCPA, resulting in continued registration for specific uses. Three of the pesticides are currently undergoing re-evaluation (trifluralin, chlorothanoil and pentachlorphenol). All pesticidal uses of methoxychlor have been discontinued since December 31, 2005 and this substance is no longer registered under the PCPA.

For a substance to be imported, manufactured or used in Canada it must be listed on the DSL or regulated under another federal government's Act scheduled under CEPA 1999. The PCPA, which is administered by Health Canada's Pest Management Regulatory Agency (PMRA) is scheduled under CEPA 1999. Pesticides undergo pre-market and post-market environmental and health risk assessment by the PMRA.

4.0 Questions

Questions concerning this memo should be directed to the PMRA's Pest Management Information Service.

Questions concerning the CEPA assessment should be directed to the Program Engagement and Development Division, Environment Canada.

More information can be found at  chemicalsubstances.gc.ca.