Environment Canada’s Chemical Management Plan (CMP) continues its assessment of current substances in Canada with a substantial new mandatory reporting obligation for importers and users of approximately 1500 chemicals. The reporting obligations are retrospective, applicable to calendar years 2014 and 2015 with a reporting deadline of July 17th, 2017.

Substances in All Forms Caught By Survey

Consistent with its previous mandated surveys, the reporting obligation applies in respect of:

  • substances alone;
  • mixtures;
  • products; or
  • specified manufactured goods.

Target Manufactured Items

The manufactured goods targeted in this 2017 reporting obligation include items:

  • intended to be used by or for children under the age of six years;
  • intended to come into contact with the mucosa of an individual, other than eyes;
  • residential cookware/serving utensils coming into direct contact with heated food;
  • food packaging that is intended to come into direct contact with food;
  • reusable food or beverage containers;
  • intended to release the reportable substance during dermal / inhalation contact;
  • clothing or footwear;
  • bedding, a sleeping bag or a towel;
  • residential furniture, a mattress, a cushion or a pillow; or
  • residential carpet, flooring, or foam underlays.

There are both minimum thresholds and other exclusions for all of these obligated items.

Food / Drugs Substances Reportable

Certain substances regulated under the Food and Drugs Act of Canada are also caught when used in:

  • therapeutic products (including human and veterinary drugs, and medical devices);
  • natural health products, foods (including food additives); and
  • cosmetics.

Extensions More Difficult to Obtain

Environment Canada is obligating any party which might seek an extension to provide the Chemical Abstracts Service Registry Number of those specific substances for which the person proposes delayed reporting, as well as the reason for the extension request. Gone appear to be the days of a blank extension request on the reporting deadline date. Confidentiality protections remain available.

Environment Canada has already emphasized that the 2017 CMP reporting will be enforced through sanctions under the Canadian Environmental Protection Act. The six-month lead time might be understood as designed to undercut due diligence defences for any unauthorized late filings.