Anyone wishing to nominate a substance to the Revised In Commerce List ("R-ICL") must do so before November 3, 2019. On November 3, 2019, the nomination process ends and no further nominations will be accepted.
The R-ICL is a list of substances that were in Canadian commerce between January 1987 and September 2001 contained in products regulated under the Food and Drugs Act1 ("FDA").
Any person in Canada involved with the manufacture, import, distribution, or use of an eligible substance may submit a nomination for a substance to the R-ICL until November 3, 2019. Foreign suppliers may also make nominations, provided that the nomination is made through a person resident in Canada and authorized to act on behalf of the foreign supplier.
A substance is eligible for nomination to the R-ICL if the substance is present in a product that:
- is regulated under the Food and Drugs Act, and
- was in Canadian commerce between January 1, 1987 and September 13, 2001.2
Substances on the R-ICL may continue in Canadian commerce in products regulated under the FDA, subject to future evaluation by Environment Canada/Health Canada.
Substances that are not on the R-ICL, nor on the Domestic Substances List ("DSL"), are subject to the notification requirements of the New Substances Notification Regulations3 ("NSNR") under the Canadian Environmental Protection Act, 1999.4 Product use patterns outside of the scope of the FDA may also trigger notification requirements for substances listed on the R-ICL but not on the DSL.
Further information on nominations to the R-ICL can be found here.
Footnotes
1. RSC, 1985, c F-27.
2. Government of Canada, "Facts about the Revised In Commerce List".
3. New Substances Notification Regulations (Chemicals and Polymers), SOR/2005-247; New Substances Notification Regulations (Organisms), SOR/2005-248.
4. SC 1999, c 33.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.