A Canadian mandatory survey Notice, published on July 25, 2015, requires that manufacturers and importers of certain nanomaterials report to Environment Canada. The survey was published as a Section 71 Notice under the Canadian Environmental Protection Act (CEPA). It specifies a legal requirement for entities who meet the conditions specified in the Notice to report the information described in the Notice.

This information gathering approach is coordinated with the reporting requirements being launched within the U.S. The two countries undertook a Regulatory Cooperation Council (RCC) Nanotechnology Initiative starting in 2011 to increase alignment in regulatory approaches for nanomaterials between Canada and the US, so the similarity in approach and timing is not surprising.

Environment Canada described the purpose and objective of the Notice is to:

“… gather information on 206 nanomaterials identified as potentially in commerce in Canada from the primary reference list. The information collected from the Notice will support the development of a list of nanomaterials in commerce in Canada by confirming their commercial status, and subsequent prioritization activities for these substances, which may include risk assessment and risk management activities, if required. This will ensure that future decision making is based on the best available information.”

Manufacturers and importers are required to submit a response to Environment Canada if the conditions specified in Schedule 1 and Schedule 2 of the notice are met. Schedule 1 provides a list of substances that require reporting if they meet the definition of nanoscale as provided in the notice.

For the purposes of the Notice, nanoscale means a size range between 1 to 100 nanometres, inclusive, in any one external dimension, or internal or surface structure.

There are 206 substances listed in Schedule 1. The Schedule 1 substances are shown in the Annex to this post for informative purposes only. Reporting is required if greater than 100kg of a nanoscale substance is manufactured or imported during the 2014 calendar year. The importation of the nanoscale substance is relevant whether it’s imported as in substance form, within a mixture or included in a product. The Notice states: “product” excludes “mixture” and “manufactured item”. Exemptions are provided for a few situations such as in transit through Canada, naturally occuring nanomaterials, incidental production, and some agricultural products,

The deadline for reporting is on February 23, 2016.

There are details and subtleties in the survey Notice; please refer to the Notice for the exact legal wording to assess whether or not you are required to report . The survey notice is available from the Canada Gazette part I.

Contact ECD Compliance. We can provide your organization with timely updates on global environmental regulatory requirements and can assist with the Canadian survey Notice.

The substance list is provided for general reference only. Please refer to the Notice for the official substance list.

Annex - Schedule 1 - Substances for reporting if in nanoscale form