49Introductions of polymers that are comparable to listed polymers

49 Introductions of polymers that are comparable to listed polymers

(1) This section applies if an introduction of an industrial chemical by a person is an exempted introduction in accordance with subsection 26(4).

Note: Subsection 26(4) deals with introductions of polymers that are comparable to polymers listed on the Inventory.

(2) For the purposes of paragraph 104(2)(b) of the Act, the following kinds of record are prescribed: (a) if the person first introduces the industrial chemical before 1 July 2020—records of a kind specified in subsection (2B); or (b) if the person first introduces the industrial chemical on or after 1 July 2020 and the CAS number, CAS name or IUPAC name for the industrial chemical is known to the person—records of a kind specified in subsection (3); or (c) if the person first introduces the industrial chemical on or after 1 July 2020 and neither the CAS number, nor the CAS name, nor the IUPAC name, for the industrial chemical is known to the person—records of a kind specified in subsection (4). (2A) For the purposes of paragraph (2)(b), if: (a) a person does not know the CAS number, CAS name or IUPAC name for an industrial chemical; but (b) it would be reasonably practicable for the person to find out that number or name; the person is taken to know that number or name. Industrial chemicals first introduced before 1 July 2020 (2B) For the purposes of paragraph (2)(a), the specified kinds of record are: (a) the CAS name and CAS number for the listed polymer (within the meaning of subsection 26(4)); or (b) if the person (the introducer) does not know the CAS name and CAS number for the listed polymer (within the meaning of subsection 26(4)): (i) the name by which the listed polymer is known to the introducer; and (ii) the name of a person whom the introducer believes on reasonable grounds would, if requested to do so by the introducer following a request by the Executive Director, give to the Executive Director the CAS name and CAS number (if assigned); and (iii) records of the basis on which the introducer holds the belief mentioned in subparagraph (ii). (2C) For the purposes of paragraph (2B)(a), if: (a) a person does not know the CAS number or CAS name for an industrial chemical; but (b) it would be reasonably practicable for the person to find out that number or name; the person is taken to know that number or name. Industrial chemicals first introduced on or after 1 July 2020 (3) For the purposes of paragraph (2)(b), the following kinds of record are specified: (a) if a CAS number for the industrial chemical is assigned: (i) the CAS number for the industrial chemical; and (ii) the CAS name, IUPAC name or INCI name for the industrial chemical; (b) if a CAS number for the industrial chemical is not assigned—the CAS name or IUPAC name for the industrial chemical; (c) records to demonstrate that none of subsections 25(2) to (4) apply to the introduction; (d) records to demonstrate that the requirements of subsection 26(4) are being met. (4) For the purposes of paragraph (2)(c), the following kinds of record are specified: (a) the names by which the industrial chemical is known to the person (the introducer); (b) records to demonstrate that none of subsections 25(2) to (4) apply to the introduction; (c) the name of a person whom the introducer believes on reasonable grounds would, if requested to do so by the introducer following a request by the Executive Director, give the following to the Executive Director: (i) records to demonstrate that the requirements of subsection 26(4) are being met; (ii) the CAS name or IUPAC name for the industrial chemical; (iii) the CAS number (if assigned) for the industrial chemical; (d) records of the basis on which the introducer believes that the requirements of subsection 26(4) are being met; (e) records of the basis on which the introducer holds the belief mentioned in paragraph (c).