1. Overview of CEPA Section 71 Notice Notices to provide information for the risk management of certain substances Summer 2017 and Fall 2017 Notices Published in the Canada Gazette on April 1, 2017

2. Outline Timelines and Key Dates Background and Context
Overview of section 71 Notices
Persons Required to Respond to the Notices
Information Required
How to Respond
Contact Information

3. Timelines/Key Dates Publication of the Notices: April 1, 2017
This data gathering initiative incorporates 2 Notices
These notices have the following reporting deadlines:
Summer 2017 Notice: June 28, 2017 (3 p.m. EDT)
Fall 2017 Notice: September 27, 2017 (3 p.m. EDT)
Extension requests:
To be requested in writing prior the respective deadlines
Should include full company name, CAS RN, justification and contact information
Guidance Document is available on Chemical Substances website
Mandatory responses must be submitted via ECCC’s Single Window.

4. Background
The purpose of these Notices is to collect information on approximately 80 toxic and proposed toxic substances for the risk management programs at ECCC and HC
Risk management, informed by data gathering to obtain current market trends, applies to substances that pose a risk (i.e., are concluded “toxic” as defined under section 64 of CEPA), in order to minimize or eliminate the risk.
If a risk management instrument has been in place for some time and the government is not satisfied that the risk has been sufficiently prevented or reduced, it can take further action.

5. Context
Data is being collected through these Notices to inform “whether to control, or the manner in which to control a substance, including a substance specified on the List of Toxic Substances in Schedule 1” (CEPA s.71(1)); i.e.
to identify whether there are new sources of exposure that may require risk management;
to inform development and design of risk management instruments; or
to inform performance measurement and amendments to existing risk management instruments.

6. Performance Measurement
Performance measurement is the process of evaluating the effectiveness of risk management actions
Involves collecting updated data and comparing it to baseline data
Progress towards achieving objectives is evaluated
Outcomes of performance measurement may include:
Amendments to existing instrument(s)
New instrument(s) (e.g., if new sources requiring risk management are identified or if instrument is not effective)
Further data collection, tracking and/or monitoring trends
No further action

7. Summer and Fall 2017 Notices
The substances subject to these two Notices are toxic or proposed toxic.
Risk management instruments already in place for some of the toxic substances in the Notices, and will be developed for others.
For substances proposed as toxic, risk management options need to be identified.
Substances included in the Notice (Schedule 1)
Summer 2017 Notice contains approx. 31 substances divided into 4 parts
Fall 2017 Notice contains 50 substances divided into 5 parts

8. Substances in Schedule 1 - Summer 2017 Notice
Part 1 – Hexavalent Chromium Compounds
Any hexavalent chromium compound, including the 25 CAS RN’s listed.
Part 2 – PREPOD and related substance
2-Propanone, reaction products with diphenylamine: CAS RN and CAS RN
Part 3 – Dechlorane Plus (DP), Decabromodiphenyl ethane (DBDPE) and Decabromodiphenyl Ether (decaBDE)
Flame retardants: DP (CAS RN ) and DBDPE (CAS RN )
DecaBDE (CAS RN )
Part 4 – Refractory ceramic fibres
Any refractory ceramic fibres, including CAS RN

9. Substances in Schedule 1 - Fall 2017 Notice
Part 1 – Toluene Diisocyanates (TDIs)
CAS RNs , and
Part 2 – Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)- (DTBSBP)
CAS RN
Part 3 – 2,4,6-tri-tert-butylphenol (2,4,6-TTBP)
CAS RN
Part 4 – 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester (DEHP)
CAS RN
Part 5 – Tetrachloroethylene (PERC), trichloroethylene (TCE), nonylphenol and its ethoxylates (NPEs)
PERC (CAS RN ), TCE (CAS RN ) and 42 CAS RNs for nonylphenol and its ethoxylates

10. Reporting Criteria – Summer 2017 Notice
Reporting years:
2015 and 2016 calendar years, but reporting is done only for the most current year in which the activity took place
For example, a substance meets the reporting requirement for both years, reporting must be done for 2016.

11. Reporting Criteria – Summer 2017 Notice
Reporting thresholds:
Persons who manufactured a reportable substance:
A total quantity > 25 kg of a substance described in Part 1 of Schedule 1
A total quantity > 100 kg of a substance described in Parts 2 to 4 of Schedule 1

12. Reporting Criteria – Summer 2017 Notice
Imported a total quantity > 25 kg of a substance described in Part 1 of Schedule 1 and applies to substances:
present alone; or
at a concentration greater than or equal to 0.1% (w/w) in a mixture or product.
Imported a total quantity > 100 kg of a substance described in Part 2 of Schedule 1 and applies to substances:
Imported a total quantity > 100 kg of a substance described in Part 3 of Schedule 1 and applies to substances:
present alone;
at a concentration greater than or equal to 0.1% (w/w) in a mixture or product; or
at a concentration greater than or equal to 0.1% (w/w) in a manufactured item (specified categories).
Imported a total quantity > 100 kg of a substance described in Part 4 of Schedule 1 and applies to substances:
at a concentration greater than or equal to 0.1% (w/w) in a mixture, product or manufactured item.

13. Reporting Criteria – Summer 2017 Notice
Used a total quantity > 25 kg of a substance described in Part 1 of Schedule 1, whether the substance is:
used alone for chromium electroplating, chromium anodizing or reverse etching; or
at a concentration greater than or equal to 0.1% (w/w) in a mixture or product for chromium electroplating, chromium anodizing or reverse etching.
Used a total quantity >100 kg of a substance described in Part 2 or 3 of Schedule 1, whether the substance is:
used alone to manufacture a mixture, product or manufactured item; or
at a concentration ≥ 0.1% (w/w) in a mixture or product to manufacture a mixture, product or manufactured item.
Used a total quantity >1000 kg of a substance described in Part 4 of Schedule 1, whether the substance is:
used alone; or
at a concentration greater than or equal to 0.1% (w/w) in a mixture or product.

14. Reporting Criteria – Fall 2017 Notice
Manufactured a total quantity > 100 kg of a substance described in Schedule 1
Imported a total quantity > 100 kg of a substance described in Parts 1 to 5 of Schedule 1, whether the substance is:
alone;
listed in Part 1, 4 or 5 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a mixture or product;
listed in Part 2 of Schedule 1 and at a concentration ≥ 0.01% (w/w) in a brake fluid;
listed in Part 3 of Schedule 1 and at a concentration ≥ 0.01% (w/w) in a fuel or lubricant; or
listed in Part 4 or 5 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a reportable manufactured item (specific categories).

15. Reporting Criteria – Fall 2017 Notice
Used a total quantity > 100 kg of a substance described in Part 1 to 4 of Schedule 1, whether the substance is:
listed in Part 1 or 4 of Schedule 1 and alone to manufacture a mixture, product or manufactured item
listed in Part 1 or 4 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a mixture or product to manufacture a mixture, product or manufactured item
listed in Part 2 of Schedule 1 and used to manufacture a brake fluid, where the concentration of the substance in the brake fluid is ≥ 0.01% (w/w)
listed in Part 2 of Schedule 1 and in a brake fluid used for re-packaging purposes, where the concentration of the substance in the brake fluid is ≥ 0.01% (w/w)
listed in Part 3 of Schedule 1 used to manufacture a fuel or lubricant, where the concentration of the substance in the fuel or lubricant is ≥ 0.01% (w/w) or
listed in Part 3 of Schedule 1 and in a fuel or lubricant used for re-packaging purposes, where the concentration of the substance in the fuel or lubricant is ≥ 0.01% (w/w)
Used a total quantity > 1000 kg of a substance described in Part 5 of Schedule 1, whether the substance is:
alone; or
at a concentration ≥ 0.1% (w/w) in a mixture or product

16. Reporting Criteria – Manufactured Items
Categories of reportable manufactured items and examples:
Categories of manufactured items
Some examples of manufactured items that are reportable
A vehicle, aircraft or watercraft, or a part contained therein
Polyvinyl chloride plastic, car or airplane seats, airbag, finished vehicles, etc.
A construction material
Polyvinyl chloride plastic, housing and casings made of high-impact polystyrene, plastic roofing, weather strips, etc.
A carpet, vinyl or laminate flooring, or foam underlay for flooring
Flooring in commercial or manufacturing facilities, area rugs, vinyl flooring tiles, etc.
A medical device or equipment
(only Fall 2017 Notice)
Medical tubing, blood storage containers, urological catheters, feeding tubes, surgical drains, syringes, etc.
A cable, a wire, an appliance, or electrical device or equipment
Electric wire and cable, heat shrink tubing intended for use in wiring and electronic device manufacturing, electrical tape, electrical connectors, computer products and accessories, etc.
A rubber conveyor belt
A plastic pallet, other than a plastic pallet used to import other goods
Clothing, footwear, bedding, furniture or furnishing if the substance is contained in a foam, leather, textile fibre, yarn or fabric
Shirts, pants, coats, gloves, hats, undergarments, sleepwear, socks, shoes, boots, slippers, sporting gear, sheets, pillows, blankets, mattress protector, etc.
Food packaging intended for saleable food and beverage
Cereal liner bags, coated metal cans, and lids of jars, re-sealable boxes of cookies, etc.
Intended to release the substance during conditions of use
Scented markers, dryer sheets, cleaning wipes, etc.

17. Reporting Criteria – General Notes
“used to manufacture” refers to creating or producing a mixture, product or manufactured item
Clarification on other terms such as manufacture, import, manufactured item, mixture or product can be found in Section 3 of the Guidance Document available on the Chemical Substances website at:
If your company owns more than one facility, you must consider the reporting criteria on a company-wide basis as a total from all facilities.

18. Reporting diagram for substances in:
Summer 2017 Notice – Part 1

19. Reporting diagram for substances in:
Summer 2017 Notice – Part 2
Fall 2017 Notice – Part 1

20. Reporting diagram for substances in:
Fall 2017 Notice – Parts 2 and 3

21. Reporting diagram for substances in:
Summer 2017 Notice – Part 3
Fall 2017 Notice – Part 4

22. Reporting diagram for substances in:
Summer 2017 Notice – Part 4
Fall 2017 Notice – Part 5

23. Exclusions Substance “in transit” through Canada If registered under:
Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
Fertilizers Act
Feeds Act
Seeds Act

24. How to Submit the Information
All submissions must be made online using CMP reporting module via ECCC’s Single Window.
Sections to be completed will be determined by initial information provided under:
“Substances to Report” page; and
“Sections Applicable” page.
For more information on which sections are applicable, refer to section 5 of the Guidance Document

25. Section 5 – Year of Activity (Sections Applicable)
Who completes it?:
This section applies to all respondents
Reporting of the calendar year (2015 or 2016) is required for each substance
If you had the same activity with a substance in 2015 and 2016, reporting is only required for 2016
Since the reporting criteria must be applied separately to each substance and activity, you may have to proving information for 2015 for an activity with one substance while reporting for 2016 for another activity with the same substance in Section 6.
NOTE:
If you meet the reporting criteria for both 2015 and 2016, you will not be required to provide any additional information for the 2015 calendar year. However, you may choose to provide 2015 information on a voluntary basis through the Declaration of Stakeholder Interest.

27. Section 6 – Total Quantity
Who completes it?:
Respondents who have reportable substances, whether manufactured, imported or used alone, or in a mixture or in a product
Note: This section does not apply to substances that are imported in manufactured items.
You are required to provide the total quantity of the substance that you manufactured, imported and used in kilograms (rounded to two significant digits).
Substance A
Substance B
CAS RN of the substance
aa-aa-a
bb-bb-b
Total quantity of the substance, reported in kilograms (rounded to two significant digits), that the person:
manufactured
300
imported
used
250

29. Section 7 – NAICS Codes Who completes it?
- This section applies to all respondents
You are required to provide all applicable six-digit North American Industry Classification System (NAICS) code with respect to your involvement with the substance alone, or in a mixture, product or manufactured item.
You should report the code(s) that best describes your company’s activities with the substance.
The NAICS 2017 list of codes is available on the Statistics Canada web site. A link to the codes is available in the Guidance Document.
Example:
Substance A
Substance B
Substance C
Substance D
CAS RN of the substance
aa-aa-a
bb-bb-b
ccc-cc-c
ddd-dd-d
Applicable NAICS code(s) with respect to your involvement with the substance
332810
326150
452999

31. Section 8 – Uses of the substance
Who completes it?
- This section applies to all respondents
For each reportable substance, you are required to provide all applicable Substance Function Codes that describe the substance whether alone, or in a mixture, a product or a manufactured item.
Tip: The online tool will allow you to easily search the set of codes to help you pick the most appropriate code.
Example:
Substance A
Substance B
Substance C
Substance D
CAS RN of the substance
aa-aa-a
bb-bb-b
ccc-cc-c
ddd-dd-d
Substance Function Code(s) that apply to the substance
U023
U065
U022
U029

33. Section 9 – Applications of the substance
(alone, in mixtures or products)
Who completes it?:
Respondents who have reportable substances, whether manufactured, imported or used alone, or in a mixture or product.
For each reportable substance, provide all applicable Consumer and Commercial Codes that describe the known or anticipated final goods containing the substance.
For each Code, provide the description and common / generic name of the goods.
Example:
Substance A
Substance B
CAS RN of the substance
aa-aa-a
bb-bb-b
Consumer and Commercial Code(s) that apply to the known or anticipated final goods containing the substance
C206
C999
Description and common or generic name of the goods
Chrome-plated tools
Substance B is a by-product in the manufacture of polyurethane foam. The substance is not present in the foam.

35. Section 10 – Applications of the substance
(imported in manufactured items)
Who completes it?:
Respondents who have a reportable substance which has been imported in a manufactured item.
Reportable substances are:
Parts 3 and 4 of the Summer 2017 Notice
Parts 4 and 5 of the Fall 2017 Notice
For each reportable substance, you have the option of providing the information listed in Option A or Option B.
You are required to choose one of these two options

36. Section 10 – Applications of the substance
(imported in manufactured items)
Information required for Option A:
The Consumer and Commercial Code for the known or anticipated final goods containing the substance;
For each Code, a description and common or generic name of the known or anticipated final goods;
For each Code, the total number of imported manufactured items (rounded to two significant digits);
For each Code, the percent concentration (w/w), or range of concentrations, of the substance in the manufactured item; and
For each Code, the mass, or range of masses, of the manufactured item, in kilograms (rounded to two significant digits)

37. Section 10 – Applications of the substance
(imported in manufactured items)
Information required for Option B:
The Consumer and Commercial Code for the known or anticipated final goods containing the substance
For each Code, a description and common or generic name of the known or anticipated final goods and
For each Code, the total number of manufactured items which were imported (rounded to two significant digits)

38. Section 10 – Applications of the substance
(imported in manufactured items)
Example:
Followed Option A
Followed Option B
Substance C
Substance D
CAS RN of the substance
ccc-cc-c
ddd-dd-d
Consumer and Commercial Code(s) that apply to the known or anticipated final goods containing the substance
C205
C105
For each Code provided, the description and common or generic name of the goods
Portable device chargers
Packages of cleaning wipes for hard surfaces
For each Code, the total number of imported manufactured items (rounded to two significant digits)
38,000
20,000
For Code, the percent concentration (w/w), or range of concentration, of the substance in the manufactured item 5%
For each Code, the mass, or range of masses, of the manufactured item, in kg (rounded to two significant digits)
0.075

40. Section 11 – Canadian Customers
Who completes it?:
Only respondents who have a reportable substance which was manufactured or imported alone, or in a mixture, product or manufactured item.
This section does not apply to:
Part 4 substances of the Summer 2017 Notice
Part 5 substances of the Fall 2017 Notice
Companies who only used a reportable substance
For each reportable substance, you are required to provide:
10 Canadian customers (name, city and province)
Total quantities sold above thresholds
Tip: For substances that are imported in manufactured items, you are not required to provide the total quantity sold to each customer

41. Section 11 – Canadian Customers
Example:
Substance B
Substance C
CAS RN of the substance
bbb-bb-b
ccc-cc-c
Name, city and province of a maximum of 10 persons in Canada, to whom the largest quantity of the substance was sold above the quantity thresholds
XYZ Inc.,
Big Town ON
Retailers R Us Inc., Metro City, BC
*manufactured items were sold to retail stores across Canada
Total quantity of the substance sold to each person, reported in kilograms (rounded to two significant digits).
105 kg
**Not applicable for imported manufactured items

43. Request for Confidentiality
As part of Section 313 of CEPA, companies who provide information in response to a section 71 Notice may submit with the information a request that it be treated as confidential.
Clearly identify the specific data elements in your response that are confidential business information and provide a rationale
The rationale is requested for each substance on which the person has reported in their response to the Notice
Section 6 of the guidance document contains further information on how to make a request for confidentiality.

44. Blind and Joint Reporting
Blind submissions
Used when a supplier’s information is confidential (e.g., substance identity, concentration). Each party (supplier and customer) submits partial data to make one complete response. (Refer to Guidance document Sections 6 and 7).
Joint submissions
Coordinated response on behalf of several parties, pooling resources and saving costs. For example:
Association submitting on behalf of their members
Large supplier submitting on behalf of their downstream customers
Blind and joint submissions can be submitted by to:
(Indicate in the subject line “Risk Management s.71 Blind Submission“ or “Risk Management s.71 Joint Submission“ as well as for which Notice: Summer 2017 or Fall 2017)

45. How to Respond to the Notices
Responses to the Notice must be provided no later than the deadlines published in the notices using the online reporting system available through ECCC’s Single Window.
If additional time is required, an extension may be requested in writing before the Notice deadlines to the Substances Management Coordinator at
Include full company name and contact information, CAS RN if known, and rationale for extension request
It is recommended that a request be submitted at least 5 business days prior to the deadline to allow for processing
For guidance to help determine if you are subject to either Notice and for assistance with completing the various sections of the Notices, refer to the Guidance document available on the Chemical Substances website at

46. Voluntary Information and Declarations
Additional voluntary information:
Voluntary data supplementing a response to the Notices
Notes fields and Document Upload feature
Voluntary data provided independently
Use online Declaration of Stakeholder Interest
Voluntary Declarations:
Declaration of Stakeholder Interest
Have an interest in at least one substance listed in the Notices
Declaration of Non-Engagement
Have no commercial interest in any of the substances listed in the Notices
You are encouraged to provide additional information that is deemed beneficial for the program.

47. How to Submit a Response
Responses to the section 71 Notices, the Declaration of Stakeholder Interest and the Declaration of Non-Engagement should be completed electronically using the online reporting system available through ECCC’s Single Window (
Responses should be submitted by completing the applicable sections directly into the online reporting system.
For guidance on ECCC’s Single Window :
The CMP online reporting How-To Guide via ECCC’s Single Window is available at:

48. Contact information
Inquiries concerning the Notices may be directed to the following numbers or address:
Telephone: (Toll-free in Canada
(Outside of Canada)
Please specify “Risk Management s.71 Summer 2017 Inquiry” or
“Risk Management s.71 Fall 2017 Inquiry”

49. Thank you!