Facts about the Revised In Commerce List

Topics

About the Revised In Commerce List (R-ICL)
What "in Canadian commerce" means
Nominations to the R-ICL have been closed
Substances that have a non-Food and Drugs Act (F&DA) use may be subject to the New Substances Notification Regulations (NSNR)
Where to find results of the prioritization of substances on the R-ICL and track information about updates to the list
Inventory update for substances on the R-ICL
Removal of substances from the R-ICL
Where to find the Domestic Substances List (DSL)
Risk assessment summaries
How to get information updates and notifications pertaining to the R-ICL
Contact Information

About the Revised In Commerce List (R-ICL)

The R-ICL is comprised of substances which were in products that were regulated under the F&DA and that were in Canadian commerce between January 1,1987 and September 13, 2001.

What "In Canadian Commerce" means

A substance was in Canadian commerce, if between January 1, 1987 and September 13, 2001:

the substance was manufactured in or imported into Canada by any person for a use that is regulated under the F&DA; or
the substance was sold or used for commercial purposes in Canada for a use that is regulated under the F&DA

The Nominations to the R-ICL have been closed

The nomination process for the R-ICL closed on November 3, 2019. Manufacturers and importers who wish to market a new substance for use in F&DA regulated products in Canada that is not on the Domestic Substances List (DSL) nor the R-ICL must submit a notification under the New Substances Notification Regulations (NSNR) (Chemicals and Polymers) or NSNR (Organisms). All substances on the R-ICL are subject to the Canadian Environmental Protection Act, 1999 (CEPA 1999) and appropriate action may be taken if, at any time, substances on the R-ICL pose a risk to human health or the environment.

Please contact the Regulatory Affairs Unit for information on notification of new substances for use in F&DA regulated products under the NSNR:

Regulatory Affairs Unit
Healthy Environments and Consumer Safety Branch
Health Canada
Mail stop PL 4905B
Ottawa, ON K1A 0K9
Telephone: 1-866-996-9913 or (in Canada) or 613-948-3591
E-mail: eau-uee@hc-sc.gc.ca

Substances that have a non-Food and Drugs Act (F&DA) use may be subject to the NSNR

If, in addition to use patterns in F&DA products, a substance is also used in products that are not regulated by the F&DA, for example a pigment that is used in both cosmetics (F&DA regulated) and paints (not F&DA regulated), then the substance is potentially subject to notification under the NSNR of CEPA 1999. You have the option, at any time, to submit a notification for a substance under the NSNR even if it is listed on the R-ICL. You may find this advantageous as it clarifies the regulatory status of the substance and may facilitate addition of substances to the DSL.

Please contact the Substances Management Information Line:

Program Development and Engagement Division
Science and Risk Assessment Branch
Environment and Climate Change Canada
Gatineau, QC K1A 0H3
Telephone: 1-800-567-1999 (in Canada) or 819-938-3232
Email: substances@ec.gc.ca

Where to find results of the prioritization of substances on the R-ICL and track information about updates to the list

Health Canada prioritized all substances on the R-ICL to identify those substances that require assessment to determine if they pose a significant risk to the environment or to human health. The prioritization approach was intended to be protective and risk-based, as well as expedient and pragmatic. Higher priority substances were identified using readily available public information. Additional information on the commercial status of these substances, including Canadian manufacture or import quantities, is used to permit further refinement using a risk-based approach that considers exposure as well as hazard. The R-ICL tracking table displays any changes to R-ICL substance listings and can be used to track decisions related to the substances over time.

Inventory update for substances on the R-ICL

Administration of the R-ICL requires information gathering to support refinement of risk-based screening and assessment by clarifying use patterns, quantities in Canadian commerce and identifying stakeholders who import or manufacture substances on the R-ICL. A section 71 notice under CEPA 1999 was published in Canada Gazette, Part I, Vol. 152, No. 44 in January 2017 to collect data on the commercial status of R-ICL substances that were identified as higher priority; R-ICL substances were listed in Part 4 of Schedule 1 of the section 71 notice. From time to time, additional inventory updates for R-ICL substances will be conducted in order to facilitate oversight of substances and administration of the list.

Removal of substances from the R-ICL

The R-ICL is an administrative list that is periodically updated as new information becomes available. Substances may be removed from the R-ICL for various reasons, such as:

substances with no commercial activity in Canada in products regulated under the F&DA, or not supported by Canadian manufacturers or importers with information on commercial activity
duplication with the substances already on the DSL (that is, present on both lists – DSL and R-ICL)
substances which are subject to risk management actions, such as a Ministerial Condition or listing on Schedule 1 to CEPA 1999
at any time that environmental or human health concerns are identified

Substances that are removed from the R-ICL can still enter into Canadian commerce subject to applicable statutes, including the NSNR (Chemicals and Polymers), or NSNR (Organisms). The R-ICL tracking table is the list of all substances on the R-ICL, and provides a summary rationale when removal of a substance occurs.

If you might be affected by updates or by removal of a substance, you will be notified in advance through notices in the Canada Gazette and through direct communications from the program. It is your responsibility, however, to remain aware of the status of substances of interest on the R-ICL. The Removal of substances from the Revised In Commerce List web page provides supplementary information on the removal of certain substances no longer in commerce, or substances that are not supported by Canadian manufacturers or importers able to provide information on commercial use.

You can subscribe to email updates for the R-ICL by sending a request for addition to the R-ICL email distribution list to:

Where to find the Domestic Substances List (DSL)

Environment and Climate Change Canada administers the DSL. View the DSL.

Risk assessment summaries

Health Canada will periodically publish summaries of screening assessments for R-ICL substances. Complimentary risk assessments for similar substances conducted as part of the Chemicals Management Plan may also be used to complete risk assessments for priority R-ICL substances. For example, some R-ICL substances were included in the Draft Screening Assessment for Chlorhexidine and its Salts. Additional information on the risk assessment of prioritized R-ICL pharmaceutical substances is available on the About the Revised in Commerce List web page.

How to get information updates and notifications pertaining to the R-ICL