5.A. Risk Management - Operational Policy for Taking Action After a Risk Assessment

• 5.A. Operational Policy for Taking Action After a Risk Assessment
  • Purpose
  • Application
  • Context
  • Operational Policy
    • No Suspicion of Toxicity
    • Suspicion of Toxicity
    • New Activity may Result in Suspicion of Toxicity
  • Related Information
• 5.B. Operational Policy for Issuing Significant New Activity Notices

This document applies to all new substances notifications.

Under section 81 and section 106 of CEPA 1999, importers and manufacturers of new substances must provide prescribed information so that Environment Canada and Health Canada can assess the new substances to determine if they are "toxic" (in accordance with the criteria set out in section 64 of CEPA 1999) or capable of becoming "toxic." A substance is considered "new" if it is not listed on the Domestic Substances List (DSL). The information requirements are established in the NSNR. Following an assessment, the Minister of the Environment and the Minister of Health may take several actions under CEPA 1999.

No Suspicion of Toxicity

If there is no suspicion of toxicity and the assessment period has expired, the Minister of the Environment will take no further action.

Suspicion of Toxicity

If Environment Canada or Health Canada suspects that a substance is "toxic" or capable of becoming "toxic", it may be managed through risk management measures to minimize any risk to human health, the environment, or biological diversity. The Minister of the Environment may¹ :

1. permit the manufacture or import of the substance subject to specified conditions;
2. prohibit the manufacture or import of the substance for a period not exceeding two years; or
3. (prohibit the manufacture or import of the substance until supplementary information or test results have been submitted and assessed.

These measures must be undertaken before the expiration of the assessment period. The notifier must comply with these measures or withdraw the notification prior to these measures being imposed.

New Activity may Result in Suspicion of Toxicity

¹ Under sections 84 of CEPA 1999 for chemicals, biochemicals, polymers, biopolymers or section 109 of CEPA 1999 for living organisms.