5.B. Risk Management - Operational Policy for Issuing Significant New Activity Notices
- 5.A. Operational Policy for Taking Action After a Risk Assessment
- 5.B. Operational Policy for Issuing Significant New Activity Notices
This document applies to new and existing substances.
A new substance assessment looks at the potential risks for other possible activities involving the substance. If there is a suspicion that a significant new activity may result in the substance becoming "toxic", CEPA 1999 allows the Minister of the Environment to issue a SNAc notice. A SNAc is an alternative use or other activity that results or may result in:
- a significantly greater quantity or concentration of the substance in the environment; or
- a significantly different manner or circumstances of exposure to the substance.
If there is no suspicion of toxicity, but there is a suspicion that a significant new activity (SNAc) in relation to the substance may result in the substance becoming "toxic", the substance can be subject to a SNAc notice (section 85 and section 110 of CEPA 1999). A SNAc notice communicates the criteria under which a notification will or will not be required.
A SNAc notice defines:
- the significant new activity by inclusions (e.g. listing the new activity) or exclusions (e.g. anything other than a certain activity);
- information that must be notified;
- timelines for providing the information; and
- period for assessing the information.
If a new substance is not yet listed on the DSL, a SNAc notice is issued to the notifier and also applies to users of the substance. If a new substance has been listed on the DSL with a SNAc flag, the SNAc flag definition applies to all importers, manufacturers and users.
SNAcs can also be applied to existing DSL substances if Environment Canada or Health Canada suspects that certain activities could substantially change the exposure and consequently the risk posed to the environment or human life or health. SNAc flag definitions for DSL substances apply to all importers, manufacturers and users.
SNAc Decision Process for New Substances
The decision to use these provisions is based on the potential for other activities to occur that could change the exposure scenario sufficiently to necessitate additional information and assessment to determine a suspicion of toxicity. Environment Canada will inform the notifier, prior to the end of the assessment period, of the intent to publish a SNAc notice. The notifier will be able to import or manufacture the substance as established in the SNAc notice but is still responsible, if necessary, for notifying under subsequent schedules of the NSNR for that new substance.
If the assessment of other possible activities does not indicate a risk, then no further action is taken on the substance at this time (i.e. no SNAc Notice is needed). In this case, a SNAc could be modified or rescinded. The notifier will be able to import or manufacture the substance without restriction under the new substances regime, but is still responsible for notifying under subsequent schedules of the NSNR for that new substance until the substance is added to the DSL. It is important to note that the substance may be subject to other statutes for specific uses or releases. In the case of a new substance, if a risk is identified for other possible activities, a conclusion of "suspicion of toxicity" will be made and control action will be taken under section 84 or 109 of CEPA 1999.
Publication of SNAc Notices
SNAc notices are published in the Canada Gazette, Part I within 90 days after the expiry of the assessment period. Although there is no formal comment period prior to or after the publication of the SNAc notice, a notifier may submit, at any time, information that could have a bearing on the notice. Environment Canada and Health Canada will review this information and take appropriate action if required.