On August 21, 2010 the federal government announced the establishment of the first ever Board of Review pursuant to section 333(1) of the Canadian Environmental Protection Act, 1999 to inquire into the nature and extent of the dangers posed by the substance Decamethylcyclopentasiloxane (also known as D5).

Previously, on May 16, 2009, the Minister of the Environment and the Minister of Health had published a notice in the Canada Gazette (available here) of the proposed Order to add D5 to schedule 1 of CEPA following the conclusion of the screening assessment that determined that D5 was “entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity”. However, new scientific information on D5 has since been made available that has led the Minister of the Environment to believe that ”a further inquiry into the nature and extent of the danger posed by this substance is warranted, considering the advent of information and data not previously examined.”

The Board of Review, consisting of Dr. John Giesy (Chair), Dr. Keith Solomon and Dr. Sam Kacew will therefore conduct a scientific review of studies and reports on D5 in accordance with the terms of reference set out in the August 21st Notice. After the extent of the danger posed by the substance is assessed, the Board of Review will submit a report, together with its recommendations and the evidence that was presented to it, to the Minister of the Environment.

To view the Notice in its entirety, including the Board of Reviews Terms of Reference, click here. The Government has also established a website for the D5 Board of Review, containing key documents and background information on the Board members, which can be accessed here.