CANADA CEPA R-ICL TRANSFER UPDATE
Canada has transferred the first batch of 656 chemicals and polymers from the Revised In Commerce List (R-ICL) to the Domestic Substances List (DSL). The change removes the new substance notification requirements for these substances and may simplify plans to supply them for uses beyond products regulated under the Food and Drugs Act (F&DA).
The amendment, Order 2026-66.1-01-01 (SOR/2026-168), was published in the Canada Gazette on August 12, 2026. It entered into force upon registration on July 30, 2026. Health Canada's August 12 update identifies this as the first batch in a phased transfer of eligible R-ICL substances.
What the change means for Canadian market access
The 656 substances are now listed in Part 1 of the DSL and have been removed from the R-ICL. They are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers), including when supplied for non-F&DA uses.
DSL listing does not constitute government approval of a substance or exempt it from other applicable Canadian laws. Manufacturers, importers and formulators still need to check requirements governing their products and intended uses.
Why substances are moving from the R-ICL
The R-ICL covers substances used in F&DA-regulated products that were in Canadian commerce between January 1, 1987, and September 13, 2001. It was first published in May 2013. Nominations closed on November 3, 2019, creating the static list; substances can still be removed, and their current status is recorded in the R-ICL tracking table.
The 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA) introduced a route for adding eligible R-ICL substances to the DSL. Under subsection 66.1(1), a substance must meet all three conditions:
It appeared on the R-ICL static list established after nominations closed on November 3, 2019.
It is not included in Annex I to the 2022 notice removing R-ICL substances with no commercial activity.
No conditions imposed under paragraph 84(1)(a) of CEPA remain in effect for the substance.
Notification requirements depend on current listing status
Still on the R-ICL and used only in F&DA products
Health Canada is not currently requesting notification under the New Substances Notification Regulations (NSNR) where the substance is intended solely for F&DA-regulated products, such as cosmetics or pharmaceuticals. This administrative approach should not be treated as DSL listing.
Still on the R-ICL and intended for other uses
For non-F&DA applications, such as industrial coatings or general-purpose plastics additives, manufacturers and importers must notify under the applicable NSNR before exceeding the regulatory trigger quantities. An R-ICL listing alone does not provide the same market access as a DSL listing.
Transferred to the DSL
For substances in this batch, the new substance notification requirement has been removed. Before revising a notification plan, confirm that the substance identity matches the DSL entry. In general, DSL status does not rule out other CEPA controls, including significant new activity requirements where applicable.
Removed from the R-ICL without being added to the DSL
A substance absent from the DSL remains subject to the applicable new substance notification and assessment framework. Check the reason for removal, the intended activity, quantities and any applicable exemptions before importing or manufacturing it. Removal alone does not establish that every activity requires an identical notification package.
What manufacturers and importers should do now
Review the updated R-ICL tracking table against your Canadian substance portfolio. Match substance names and identifiers, including any updated CAS Registry Numbers, and distinguish entries transferred to the DSL from those removed for other reasons.
For substances still on the R-ICL, confirm intended uses with customers and Canadian importers. A move from an F&DA application to an industrial use may change the notification requirement. Record the listing status, intended use and anticipated quantities together so that regulatory decisions reflect the actual supply scenario.
Further transfers will depend on eligibility reviews and, where necessary, assessment and consideration of risk management measures. Monitor Health Canada's R-ICL updates before assuming that a remaining substance will be added to the DSL.
How REACH24H Can Help
REACH24H supports manufacturers and importers with Canadian chemical compliance under CEPA. Our services include:
DSL and NDSL inventory searches to establish substance listing status.
CEPA compliance strategy analysis for planned manufacture or import activities.
Technical support for new substance notifications where notification is required.
Review Your Canadian Substance Notification Needs
Planning to manufacture or import a substance into Canada? Share its identity, intended uses and anticipated quantities with REACH24H to discuss your inventory status and notification needs.
