The Canadian Environmental Protection Act 1999 (CEPA 1999) is the most important chemical control law in Canada. It is a broad act covering a number of subjects, i.e., chemicals, living organisms, marine environment, vehicles, and hazardous wastes. It requires every new substance placed after 1994 to be assessed. It also requires a review and assessment of the substance that were introduced in the Canadian market before 1994.
The Canadian Environmental Protection Act, 1999 (CEPA 1999) specifies that new substances manufactured or imported into Canada above certain thresholds since 1994 must undergo government-led human health and environmental assessments. If a substance is found to have the potential to pose risks to the environment or human health, control measures may be put in place before it is allowed into the Canadian marketplace. If the risks are judged to be too great, or if it is determined that they cannot be adequately managed, the substance may be prohibited in Canada.
Canada’s Domestic Substance List (DSL) forms the basis for distinguishing new substances from the inventory of ‘existing substances’ that were manufactured, imported, or used in Canada on a commercial scale in the mid 1980’s. Substances not on DSL placed in non-DSL list & cannot be manufactured or imported unless information first provided to the government of Canada.
Oct-24-2024
On October 4, 2024, Canada released a draft plan for the Watch List under the Canadian Environmental Protection Act (CEPA). The Watch List will monitor substances that are potentially harmful to human health or the environment, even if they do not currently meet toxicity criteria under CEPA. Public consultations on the draft will be open for feedback for 60 days before the Watch List is finalized by the end of 2025.
What is the Watch List?
In June 2023, Canada strengthened its environmental protection laws by amending the Canadian Environmental Protection Act, 1999 (CEPA) through Bill S-5. A key element of this amendment is the creation of the Watch List, which is designed to increase transparency and provide the public with insight into substances that may pose a risk to human health or the environment. The Watch List allows for the identification of substances that may become toxic over time, even though they do not currently meet the criteria for toxicity under CEPA, thus allowing for proactive management. Unlike substances listed in Schedule 1 of CEPA, substances on the Watch List are not subject to immediate regulatory restrictions. However, the list provides increased transparency and allows stakeholders to stay informed about substances of concern.
How the Watch List Works
The proposed Watch List approach outlines the processes for adding or removing substances from the Watch List. Environment and Climate Change Canada (ECCC) and Health Canada (HC) are responsible for compiling the list based on scientific data and evaluations. Substances may be added to the Watch List following an assessment or review under Part 5 of CEPA or based on decisions by other jurisdictions that are relevant to Canada.
Substances that may be included on the Watch List are those that do not meet the current definition of toxic under CEPA, but may become harmful if use, exposure or hazard characteristics change in the future. Examples of considerations include:
The severity or type of health or the environmental effect the substances may have.
Physical or chemical properties of the substance.
Potential changes in exposure or use patterns that could increase risks.
Environmental fate and behavior of the substance in the ecosystem.
Adding Substances to the Watch List
Substances can be added to the Watch List based on several criteria, including:
A recommendation following an assessment under Part 5 of CEPA.
A review of decisions by other jurisdictions suggesting that a substance may become toxic.
Evaluation of new or emerging data that indicate potential risks.
Each addition to the Watch List will go through a public consultation process to ensure transparency and stakeholder participation.
Removal of Substances from the Watch List
A substance will be removed from the Watch List if:
It is added to Schedule 1 of CEPA as a toxic substance
The Ministers of Environment and Health no longer have reason to believe that the substance may become toxic
Public Engagement and Transparency
The Watch List is designed to be a transparent tool for informing the public and stakeholders about substances of potential concern. Information about each substance added to the list, including its Chemical Abstracts Service Reference Number (CAS RN), name, and reason for inclusion, will be made available to the public. This information will be searchable and accessible through the CEPA Registry, ensuring easy access to details of substances on the Watch List.
The proposed Watch List will not impose any legal or regulatory obligations on the substances listed, but will serve as an early warning mechanism for stakeholders, manufacturers, and importers to monitor these substances and consider safer alternatives.
Example Follow-Up Activities for Watch List Substances
While the Watch List does not impose new restrictions, the ECCC and HC may pursue additional activities to monitor and gather information on substances of concern. Examples of such activities include:
Significant New Activity (SNAc) Provisions: If there is a significant change in the use of a substance, the SNAc provisions may require stakeholders to inform the government of these changes, allowing for further risk assessment.
Environmental and Biomonitoring: Monitoring the presence of substances in wildlife, air, water, or humans to track trends and potential exposures.
Section 71 Notices: Mandatory information-gathering notices used to collect data on substance usage, toxicity, and commercial activity.
Public Comment Period and Watch List Finalization
The proposed Watch List approach will be open for public comment for a period of days. Interested parties, including the general public, industry stakeholders, and environmental organizations, are invited to provide feedback. Comments may be submitted through the CEPA Registry and must cite "Proposed Watch List Approach" in the subject line.
Once finalized, the Watch List Approach will be published by the end of 2025, with substances added to the list shortly thereafter. The goal is to provide an early warning system to ensure that potential risks are identified and managed before they become a greater threat to human health or the environment.
Oct-21-2024
On October 4, 2024, the Government of Canada took another important step to protect public health and the environment with the introduction of the Proposed Plan of Priorities under the Canadian Environmental Protection Act, 1999 (CEPA). In line with the modernization of CEPA, which received Royal Assent through Bill S-5, the Plan focuses on the assessment and management of substances in Canada with the goal of reducing risks to human health and the environment. The plan emphasizes the importance of transparency in the management of chemical substances that are integral to daily life but may pose risks if not carefully controlled. By prioritizing substances that may pose a risk to human health or the environment, the government aims to protect vulnerable populations and ecosystems.
Public consultations on the Proposed Plan of Priorities began on October 5, 2024 and will remain open until December 4, 2024. Environment and Climate Change Canada and Health Canada are seeking input from stakeholders including Indigenous communities, provinces, territories, industry and academia. This inclusive approach will ensure that diverse perspectives are considered as the plan is finalized.
Substances Prioritized for Assessment
The Proposed Plan of Priorities identifies key substances that require assessment based on their potential hazards. These include chemicals known to be carcinogenic, mutagenic, or toxic to reproduction, as well as those that may disrupt the endocrine system. The plan also targets substances that disproportionately affect certain populations or environments due to higher exposure or susceptibility. For example, chemicals capable of long-range transport, such as those affecting the Arctic region, are prioritized because of their potential to accumulate in ecosystems far from their sources.
The prioritization process uses a weight-of-evidence approach and applies the precautionary principle when conducting assessments. This ensures that the assessment process remains rigorous, with consideration for cumulative exposures and real-world impacts on human health and the environment.
List of Prioritized Substances
As part of the CEPA modernization, the government has identified a list of substances that will be prioritized for assessment. These substances were selected based on their potential hazards, such as carcinogenicity, mutagenicity, reproductive toxicity, and endocrine disruption. The prioritized substances include:
Dichloromethane (DCM; CAS RN 75-09-2): A solvent used in industrial applications, known for its potential to cause liver and lung damage.
Trichloroethylene (TCE; CAS RN 79-01-6): Commonly used to degrease metal parts, it poses significant risks to human health, including cancer.
Styrene (CAS RN 98-83-9 and 100-42-5): Found in plastics and rubber, styrene has been linked to respiratory problems and nervous system effects.
Tetrachloroethene (PERC; CAS RN 127-18-4): Widely used in dry cleaning, PERC has been linked to cancer and nervous system damage.
Apigenin (CAS RN 520-36-5): A naturally occurring compound in some plants, under scrutiny for its effects on human health.
1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethyl-cyclopenta[g]-2-benzopyran (HHCB; CAS RN 1222-05-5): A fragrance ingredient suspected of accumulating in the environment and posing ecological risks.
Additionally, certain nanoscale substances such as Nanoscale silver (nAg; CAS RN 7440-22-4) and Nanoscale zinc oxide (nZnO; CAS RN 1314-13-2) are included due to their widespread use in consumer products and concerns about their long-term environmental effects.
Supporting Risk Management and Assessment
The Proposed Plan of Priorities outlines several initiatives to support the assessment and management of risks posed by substances. These include activities aimed at enhancing scientific methodologies, such as the development of non-animal testing methods and the integration of computational models. The government is also investing in research, monitoring and surveillance efforts to stay ahead of emerging risks and evolving scientific knowledge.
Additionally, the plan encourages public engagement through regular updates, workshops, and consultation processes to ensure transparency and inclusiveness in risk management activities. This includes gathering information from stakeholders to support the prioritization and assessment of substances.
In addition to assessment, the plan includes initiatives to promote the use of alternative testing methods, to reduce the reliance on vertebrate animal testing in favor of more ethical and advanced scientific approaches.
Reducing Animal Testing
In line with global trends, the Proposed Plan of Priorities emphasizes the need to replace, reduce, or refine vertebrate animal testing. The government is committed to developing scientifically justified alternative methods that can assess the potential harm of substances without relying on animal models. This strategy will be published in June 2025, following consultation with stakeholders and experts.
Introducing the Watch List
The Proposed Watch List, another key component of the plan, will identify substances that may not meet the criteria for toxicity but still pose potential risks. This list will be a resource for manufacturers, importers and consumers to make informed choices about the substances they use. It will be continuously updated as new information becomes available to help prevent harmful substances from becoming a bigger issue in the future.
Public Involvement and Feedback
Public input is essential to the success of the Proposed Plan of Priorities. Canadians are encouraged to participate in the consultation process, which runs until December 4, 2024. The government welcomes feedback on the list of prioritized substances, as well as on broader risk management strategies. The final plan will be published by June 2025, and ongoing updates will be provided to keep stakeholders informed of new developments.
The Government of Canada remains committed to promoting environmental justice and ensuring that all Canadians have access to a healthy environment. The modernization of CEPA and the introduction of the Proposed Plan of Priorities represent significant steps forward in the responsible management of substances and the protection future generations.
For more information on the Proposed Plan of Priorities and how to participate in the consultation process, visit the CEPA Registry on the Government of Canada website.
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