Reporting Requirements for Direct Importers & Manufacturers under CEPA's Chemicals Management PlanPrint
As you may be aware, the Chemicals Management Plan (CMP) is Canada’s approach to the assessment and management of chemicals. Under the Canadian Environmental Protection Act (CEPA) and the CMP, retailers are legally required to report on certain chemical substances above certain thresholds found in finished products, if you are have either directly imported them into Canada or manufactured them yourself – note: that there is no requirement to report on products you have purchased from Canadian distributors/suppliers.
- Determine if your organization meets reporting requirements (i.e.: you directly imported or manufactured one or more substances in one of the three current mandatory surveys above the threshold in the specified year); contact Jason McLinton, RCC’s Senior Director of Federal Government Relations ([email protected]) for assistance. If you are not the direct importer or manufacturer, you may wish to confirm with your Canadian suppliers that they are reporting under this initiative.
- If you think your organization may meet the requirements for reporting, or if you need more time to make that assessment, RCC would strongly encourage you to request an extension from the Government. To seek an extension, a written request must be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator ([email protected]), prior to the deadline.
- Register for one of the Government information sessions in August or request a debrief from the RCC ([email protected])
- Indicate if you are interested in receiving updates on RCC’s CEPA CMP Sub-Committee’s work – or perhaps even wish to be an active working member ([email protected])
There are currently three mandatory notices, also known as a “Section 71 Notices”, that may require your attention.
Of immediate concern is the mandatory survey that was published in the Canada Gazette in December of 2012 (http://www.chemicalsubstanceschimiques.gc.ca/plan/approach-approche/dsl-lis-eng.php#a1.1). The purpose of this survey is to obtain updated information on the commercial status of approximately 2,700 substances in 2011 in Canada. The deadline for responding to the Notice is September 4th, 2013. The Notice targets products in the following categories:
- intended to be used by children under the age of 6 years;
- intended to come into contact with the mucosa of an individual, other than eyes;
- cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food within a residence, unless the component that comes into direct contact with heated food is made of glass, stainless steel or porcelain;
- food packaging that is intended to come into direct contact with food, unless the component that comes into direct contact with food is made of glass, stainless steel or porcelain;
- a reusable food or beverage container, unless the component that comes into direct contact with food or beverage is made of glass, stainless steel or porcelain;
- to release the substance during conditions of use such that the substance may be inhaled or come into dermal contact with an individual;
- clothing or footwear; bedding, a sleeping bag or a towel;
- furniture, a mattress, a cushion or a pillow intended to be used in a residence, where the substance is contained in foam or leather or in a textile fibre, yarn or fabric; and
- carpet, vinyl or laminate flooring, or a foam underlay for flooring, intended to be used in a residence.
Two other surveys were published earlier this month for the 2012 calendar year with October and November deadlines (Notice with respect to certain selenium-containing substances and Notice with respect to certain Phthalate substances). Environment Canada and Health Canada have organized information sessions for these on August 1, 7 and 13 (please see note below). Please register if you are interested. RCC will be participating in the August 1 session – please let us know if you are interested and we will provide an update.
- Form a small “CEPA CMP Sub-Committee” of its Environment Committee. Though each direct importer or manufacturer carries the legal responsibility to report, the Sub-Committee will be meeting August 8 to explore strategies for compliance including information sharing with the Canadian Association of Chemical Distributors (CACD) as well as with Environment Canada and Health Canada. RCC will report back to interested members.
- Continue to liaise with the Federal Government on this issue, report to interested members on new mandatory surveys and information sessions, including the one scheduled for August 1.
CMP was originally launched in 2006. Phase II was launched in 2011. Environment Canada and Health Canada officials are under the impression that the retail sector may not be aware of its obligations under CMP Phase II.
For additional information, please see the Guidance Document for completing the CEPA section 71 Notice, or don’t hesitate to contact Jason McLinton at the coordinates below.
Senior Director, Federal Government Relations
Retail Council of Canada
Email: [email protected]