Recent Updates to the Revised In Commerce List

By: Joanna Chudyk, Regulatory Affairs Specialist, email

Health Canada issued an update in the Canada Gazette on February 19, 2022, identifying 602 substances removed from the Revised In Commerce List (R-ICL). Preceding this change, a notice of intent was published September 26, 2020, with a 60-day public comment period indicating the full list of substances intended to be removed from this list. These substances were categorized as having no commercial activity or have been marked as discontinued/never marketed in Canada based on Health Canada’s records.

What is the history of the R-ICL?

Before the implementation of the R-ICL the Domestic Substance List (DSL), an inventory of substances regulated under the Food and Drugs Act (F&DA) and marketed in Canada between January 1, 1984, and December 31, 1986, was published in the Canada Gazette on May 4, 1994. The R-ICL, released on May 3, 2013, covered substances that were marketed beyond the 1986 threshold and were in Canadian commerce anytime between January 1, 1987, and September 13, 2001. Any remaining substances could be nominated to be added to the R-ICL list up until November 3, 2019. Any substances not added to either the DSL or R-ICL were subject to the 100 kg annual import restriction in Canada. Both lists are regulated under the Canadian Environmental Protection Act, 1999 and all substances on the R-ICL are now under review to determine if they pose a risk to human health or the environment.

What does this update mean for industry?

As per the New Substances Notification Regulations (Chemicals and Polymers), products with any of the 602 substances removed must now be monitored to ensure the volumes marketed in Canada do not exceed the 100 kg/year threshold. If you anticipate selling amounts >100 kg/year then you will need to submit a New Substance Notification (NSN) to have it added to the Domestic Substance List (DSL) if proven to not pose a risk to humans or environmental health.

Have further questions or need assistance in filing an NSN to Health Canada? We’ve got you covered. Contact us today for a quote on these services.

Dell Tech
Joanna Chudyk, M. Sc. 
Regulatory Affairs Specialist
joanna@delltech.com

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