Canada Issues Section 71 Notices to Obtain Information on Certain Substances, Will Hold First Information Session in October 2026

On August 29, 2026, Canada published two notices under Section 71(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA) to collect information for the purpose of prioritization, risk assessment, and risk management. Canada is gathering information from Canadian manufacturers, importers, and users on the commercial status, facility information (such as releases), and uses of these substances in Canada. The notice for Phase 1 applies to 184 substances identified as a priority for information gathering under the Chemicals Management Plan (CMP). Responses for Phase 1 substances are due March 3, 2027. The notice for Phase 2 applies to 16 substances identified as a priority for information gathering under the CMP. The reporting period for Phase 2 substances will begin March 4, 2027, and responses are due September 8, 2027. Canada will hold a series of information sessions to support stakeholders on October 14, 2026, December 2, 2026, and March 17, 2027. Responding to the notices is mandatory.

According to Canada’s guidance manual, the reporting criteria of the two notices are the same; the only differences are the reporting dates and the substances listed in each notice. A reportable substance is a substance listed in Parts 1 to 4 of Schedule 1 of the notices. The reporting thresholds and information requirements vary for different parts of Schedule 1. Reportable activities include manufacture; import; use in the manufacture of a mixture, product, or manufactured item (good); and use in activities other than the manufacture of a mixture, product, or manufactured item (use in other activities). The notices and guidance provide the quantity thresholds and concentration thresholds, which vary depending on the substance and reportable activity. The reporting year for each notice is the 2025 calendar year.

If information from foreign suppliers is required to respond to the notices, Canada has provided a letter for foreign suppliers to include in communications with them. Canada states that when responding to mandatory Section 71 notices, “you are required to provide information that your organization possesses or to which you may be reasonably expected to have access. You are also encouraged to make reasonable efforts to obtain information through your supply chain.” Canada notes that a respondent’s supply chain may be able to provide more detailed information on the product composition.

Canada’s guidance manual is for persons to help determine if they are subject to the notices and for assistance with completing the sections of the notices. The guidance manual includes several flowcharts that provide additional details on the reporting criteria that must be considered when determining whether a response is required.

The Excel Reporting File for Phase 1, as well as information on how to submit a Section 71 response, a Declaration of Stakeholder Interest (SHI), or a Declaration of Non-Engagement (DNE), is available on the “Responding to the section 71 Chemicals Management Plan 2026 Notices” web page. The Excel Reporting File for Phase 2 will be available to download when the reporting period begins on March 4, 2027.

Canada will hold a series of information sessions to support stakeholders’ understanding of the notices. The information sessions will be offered in both English and French on October 14, 2026, December 2, 2026, and March 17, 2027. To register, stakeholders should complete the Section 71 CMP 2026 — Information session interest form. Canada will send an Outlook invitation to the meeting a few days before the information session.

Commentary

Environment and Climate Change Canada (ECCC) and Health Canada will use submitted information to prioritize chemical review and regulation. Persons are required to provide information that they possess or to which they may be reasonably expected to have access. According to the guidance manual, companies involved in the commercial production of substances, mixtures, products, or manufactured items are “reasonably expected” to have access to quantities and concentrations of substances contained in items. Importers are “reasonably expected” to have access to import quantities and supporting documentation such as safety data sheets (SDS), product data sheets, and import records that contain information regarding the composition of items. Users and importers are “reasonably expected” to contact their suppliers to obtain information on their substances and “should also consider industry databases, websites, and publicly available information.”

While foreign suppliers are not subject to the notice, the guidance manual states that they “are encouraged to inform their Canadian customers (that is, Canadian importers) that they import a reportable substance and may meet the reporting criteria of the notice.” If confidential business information (CBI) cannot be shared with Canadian importers, there is a blind submission process that allows foreign suppliers and their Canadian importers “to collaborate and provide all the information required in the notice, while still protecting CBI.”

The guidance manual notes that the absence of information “may result in the use of conservative assumptions in risk assessments and risk management decision making.” For persons that do not meet the reporting requirements but have activity with one or more of the reportable substances or have information that the government may find useful, Canada encourages the submission of an SHI. Canada encourages persons that do not meet the reporting requirements or have no activity with any of the reportable substances to provide a DNE.

Stakeholders should review the substances listed in the notices for any chemicals of concern and review the reporting criteria to determine if they must respond. These notices follow an earlier 2023 Section 71 notice that applied to 850 substances. Canada has recently released a compilation of the non-confidential information received in response to the 2023 notice.