Canada Regulatory News

The Department of the Environment, under the authority of the Canadian Environmental Protection Act, 1999, has issued a notice regarding the upcoming implementation of regulations to address benzene e...

The Department of the Environment, under the authority of the Canadian Environmental Protection Act, 1999, has issued a notice regarding the upcoming implementation of regulations to address benzene emissions from petrochemical facilities in Sarnia, Ontario.

In February 2024, the Minister of the Environment and the Minister of Health published the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations in the Canada Gazette, Part I. In order to expedite the application of certain provisions of these proposed regulations, the Minister of the Environment has issued the Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario under subsection 94(1) of the Act.

As required by subsection 94(5) of the Act, the Ministers must, within 90 days, publish a statement indicating whether they intend to recommend that a regulation with the same effect as the Interim Order be made under section 93. This notice confirms that the Minister of the Environment and the Minister of Health intend to recommend to the Governor in Council that a regulation be made to mirror the effects of the interim order under the Canadian Environmental Protection Act, 1999.

Next Steps

The final version of the Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations is expected to be published in the Canada Gazette, Part II, in the winter of 2024-2025. Once finalized, these regulations will require petrochemical facilities to equip storage tanks containing high benzene content with emission controls within specified timeframes. The regulations will apply specifically to standalone petrochemical facilities.

During the 60-day public consultation period from February to April 2024, the Government of Canada gathered input on the proposed regulations from a diverse group of stakeholders, including provinces and territories, industry representatives, Indigenous communities, non-governmental organizations, and the general public. The feedback received is being carefully considered in the development of the final regulations to ensure that they effectively address environmental and public health concerns.

Commitment to Environmental Protection

This initiative underscores the Canadian government's dedication to reducing harmful emissions and protecting both the environment and public health. By targeting releases of benzene - a known hazardous air pollutant - the forthcoming regulations aim to improve air quality and reduce health risks associated with exposure to volatile organic compounds in the Sarnia region.

The Canadian General Standards Board (CGSB) has announced a 60-day consultation period for its draft updated Safety Standard CAN/CGSB-43.150. This standard covers the design, manufacture and use of UN...

The Canadian General Standards Board (CGSB) has announced a 60-day consultation period for its draft updated Safety Standard CAN/CGSB-43.150. This standard covers the design, manufacture and use of UN standardized packaging - including drums, jerricans, boxes, bags, combination packaging and composite packaging - for the transportation of dangerous goods in Class 3, 4, 5, 6.1, 8 and 9.

Consultation Period

Stakeholders and interested parties are invited to participate in the consultation process, which is open from August 28, 2024, until October 28, 2024. The updated standard will be incorporated by reference into the Transportation of Dangerous Goods Regulations (TDG Regulations) and will come into force after publication, with a six-month transition period.

Who Should Participate

The consultation is open to all Canadians, especially those involved in the design, manufacture and use of UN standardized packaging for dangerous goods in Class 3, 4, 5, 6.1, 8 and 9.

Major Changes in the Draft Standard

• Alignment with UN Recommendations: The updated requirements reflect the 23rd edition of the UN Recommendations on the Transport of Dangerous Goods.

• Incorporation of CAN/CGSB-43.126: The standard for reconditioning, remanufacturing and repair of drums (CAN/CGSB-43.126) has been integrated into this updated standard.a

According to the Canada Gazette of August 24, 2024, the Canadian Government has issued a conditional permit for the manufacture or import of octanamide, N-hydroxy- following concerns about its potenti...

According to the Canada Gazette of August 24, 2024, the Canadian Government has issued a conditional permit for the manufacture or import of octanamide, N-hydroxy- following concerns about its potential toxicity. After evaluating the substance, both the Minister of the Environment and the Minister of Health suspect that it may be toxic or may become toxic under section 64 of the Canadian Environmental Protection Act, 1999. The permit issued by the Minister of the Environment under paragraph 84(1)(a) of the Act contains strict conditions, outlined in the attached Annex, to address these risks. 

Octanamide, N-Hydroxy- 

Octanamide, N-Hydroxy- is a multifunctional chelating agent and preservative used mainly in cosmetics. However,  international data indicate that it will see extensive and frequent use as a chelating agent in various cosmetic and personal care products. According to the classifications provided by companies to ECHA in their CLP notifications, this substance is recognized as causing severe irritation to the eyes, skin and possibly the respiratory system. 

New Regulatory Conditions for Octanamide, N-Hydroxy-  

The Canadian Government has introduced specific conditions for the manufacture and import of octanamide, N-hydroxy- (CAS Registry Number 7377-03-9) as part of a conditional permit issued under paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999. Effective from August 12, 2024, the conditions include: 

• Prohibit its use in cosmetics 

• A requirement that it be transferred only to parties that agree to comply with these restrictions.  

The notifier must keep detailed records of the use and distribution of the substance and ensure that all records are kept in English, French or both for at least five years. The conditions aim to manage the potential risks associated with the substance while allowing for its controlled use. 

Implementation 

The Ministerial Conditions were officially published in the Canada Gazette on August 24, 2024, and came into force on August 12, 2024. 

On August 10, 2024, the Government of Canada,, announced plans to amend the Domestic Substances List under the Canadian Environmental Protection Act (CEPA) of 1999 by unmasking the identities of 198 s...

On August 10, 2024, the Government of Canada,, announced plans to amend the Domestic Substances List under the Canadian Environmental Protection Act (CEPA) of 1999 by unmasking the identities of 198 substances currently listed under Part 3 with confidential status. The Minister of the Environment intends to make these changes to enhance transparency and accountability in the management of chemicals.

Public Engagement and Comment Period

The proposed order, which includes the currently masked names and confidential accession numbers of these substances, has been released for public comment. Stakeholders and the general public have 60 days from the publication of the notice to provide feedback or raise objections. Those wishing to object to the unmasking must submit an application with a masked name that adheres to the Masked Name Regulations and provide a solid justification based on CEPA guidelines.

Confidentiality Considerations

Parties submitting information under this process may request that their information remain confidential. Any such request must identify the data to be kept confidential and provide a justification consistent with CEPA's confidentiality criteria under subsection 313(2).

Next Steps in the Regulatory Process

Following the public consultation period, the feedback received will be reviewed and considered before the order is finalized. Once finalized, the amendments will be published in the Canada Gazette, Part II, and will officially come into force upon registration. The amendments aim to align with Environment and Climate Change Canada’s 2018 initiative to balance transparency with the protection of confidential business information. This move is part of a broader strategy to ensure a more transparent chemicals management framework in Canada, in line with the amendments introduced by Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, which became law in June 2023.

Summary of the Proposed Changes

The proposed changes will remove 198 substances from Part 3 of the Domestic Substances List and add them to Part 1 under their Chemical Abstracts Service Registry Numbers. These substances have been listed confidentially on the DSL since 2004 or earlier. The changes support Canada's ongoing commitment to increase transparency and public awareness of substances on the Canadian market, while protecting proprietary business information.

On August 10, 2024, Canada announced a new target for per- and polyfluoroalkyl substances (PFAS) in drinking water under the Canadian Environmental Protection Act (CEPA) of 1999,. This action is part ...

On August 10, 2024, Canada announced a new target for per- and polyfluoroalkyl substances (PFAS) in drinking water under the Canadian Environmental Protection Act (CEPA) of 1999,. This action is part of the Government's ongoing efforts to protect public health by addressing contaminants in the water supply.

New PFAS Drinking Water Target

The new target sets a threshold of 30 nanograms per litre (ng/l) for the combined concentration of 25 specified PFASs detected in drinking water. This target aims to keep PFAS concentrations as low as reasonably achievable to minimize potential health risks. The new target replaces previous guidelines specific to perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) and nine screening values for individual PFAS substances.

Background and Development

The objective was developed in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water. It reflects growing concerns about the health impacts of PFAS and takes into account both treatment feasibility and analytical capabilities. In the past, Health Canada has established specific guidelines for PFOS, PFOA, and other PFAS compounds, based on growing scientific evidence of their persistence in the environment and potential health effects.

This initiative is consistent with Canada's broader strategy to address PFAS as a class, following the Government of Canada's Notice of Intent published in April 2021 and the subsequent release of the draft State of PFAS Report in May 2023. This report provided a comprehensive overview of PFAS sources, environmental occurrence, and health risks, and emphasized the need for consistent management of these substances.

Health and Environmental Considerations

PFAS are known for their stability, due to strong carbon-fluorine bonds, that make them resistant to degradation in the environment. They are widely used in a variety of applications, including firefighting foams, textiles, cosmetics, and food packaging. Due to their extensive use, PFAS have been found in water, air, soil, and food, raising concerns about widespread human exposure.

Exposure to certain PFAS has been linked to adverse health effects, including effects on the liver, thyroid, and immune system, as well as developmental effects. Although current scientific understanding of PFAS health impacts continues to evolve, the adoption of a cumulative approach to monitoring and limiting PFAS concentrations in drinking water reflects a precautionary principle approach to protecting public health.

Analytical and Treatment Strategies

The new drinking water target takes into account the capacity to measure and reduce PFAS levels effectively. Municipal water systems can use technologies such as granular activated carbon, reverse osmosis, nanofiltration, and anion exchange to lower PFAS concentrations. For residential water treatment, devices using granular activated carbon or reverse osmosis that meet specific certification standards can help reduce PFAS exposure for households that rely on private wells.

Next Steps and Public Engagement

The implementation of this target is part of an ongoing effort to enhance the regulation of PFAS in Canada. The government encourages continued research and public engagement to refine approaches to PFAS management. The technical document detailing the new target is available for public consultation, ensuring transparency and collaboration in the management these environmental contaminants.

On July 15, 2024, the Canadian Government introduced Order 2024-87-23-01, a significant amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA). Th...

On July 15, 2024, the Canadian Government introduced Order 2024-87-23-01, a significant amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA). This move targets three specific chemicals - oxirane, [(2-propenyloxy)methyl]- (AGE), oxirane, [(2-methylphenoxy)methyl]- (o-CGE), and 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)- (TGIC) - to prevent potential environmental and public health risks.

Key Details:

• Significant New Activity (SNAc) Requirements: The amendment introduces mandatory notification and review procedures for any significant new activities (SNAs) involving these substances. This will ensure that any potential increase in exposure, particularly from new manufacturing processes or imports, is carefully assessed before proceeding. The requirement applies to activities involving these substances in consumer products or cosmetics above certain concentration thresholds.

• Environmental and Health Protection: As part of the wider Chemicals Management Plan (CMP), these changes aim to reduce the risks associated with these chemicals, particularly when they are introduced into new contexts that could increase exposure levels. The SNAc provisions are designed to preemptively manage risks by mandating that any proposed significant new activity involving these chemicals undergoes rigorous review by environmental and health authorities.

• Current and Future Implications: These substances are currently used in a range of commercial applications, including as resin intermediates and in various consumer products such as adhesives and epoxy coatings. The amendments do not affect ongoing activities where the substances are used within safe limits. However, they are essential to prevent an unregulated increase in their use, which could pose new risks.

• Global Context: The substances in question are not naturally occurring and have known industrial uses both in Canada and internationally, including in the U.S. and Europe. The Canadian government’s proactive measures are in line with international standards and aim to mitigate any potential future risks from increased use of these substances.

• Compliance and Enforcement: Companies wishing to undertake significant new activities involving these substances must submit a Significant New Activity Notification (SNAN) at least 90 days prior to the start of the activity. This will allow the government to conduct a comprehensive risk assessment and, if necessary, impose further risk management measures to protect public health and the environment.

Conclusion:

The amendment to the Domestic Substances List underlines Canada's commitment to protecting both the environment and public health by regulating the use of potentially hazardous substances before they can pose significant risks. This action reflects ongoing efforts under the Chemicals Management Plan to ensure that industrial and commercial activities involving these substances are closely monitored and managed.

The Government of Canada is seeking public input on its latest efforts to tackle pollution from per- and polyfluoroalkyl substances (PFAS), a group of persistent chemicals commonly found in everyday p...

The Government of Canada is seeking public input on its latest efforts to tackle pollution from per- and polyfluoroalkyl substances (PFAS), a group of persistent chemicals commonly found in everyday products. This consultation, open until September 11, 2024, invites Canadians to provide feedback on the updated Draft State of PFAS Report and the revised Risk Management Scope. These documents outline the potential health and environmental risks of PFAS and propose new regulatory measures. This initiative is part of Canada's commitment to using science-based decisions to protect the environment and public health.

Addressing PFAS Pollution

The Government of Canada is committed to ensuring a clean and safe environment for all generations, emphasizing the importance of clean air and water. The Government uses modern tools such as the Canadian Environmental Protection Act, 1999 (CEPA), to tackle pollution across various economic sectors.

Canada is stepping up its efforts to address PFAS, known as "forever chemicals." PFAS are a group of highly persistent man-made substances found in everyday products such as food packaging, cosmetics, non-stick cookware and electronics. These chemicals are widespread around the world, contaminating air, water, soil and living organisms.

Based on the latest scientific data, the government has released an updated Draft State of PFAS Report and a revised Risk Management Scope. The report suggests that PFAS, excluding fluoropolymers, may be harmful to human health and the environment at current levels.

Updated Assessment and Future Actions

The government is proposing a separate assessment for fluoropolymers due to their distinct exposure and hazard profiles. The Ministers of Environment and Health are also considering whether fluoropolymers should be placed on the Watch List under CEPA to guide importers and manufacturers towards safer alternatives. Canadians will be consulted on this process in the near future.

The revised Risk Management Scope introduces a phased approach to regulating PFAS, starting with restrictions on PFAS in firefighting foams and expanding to other uses.

Canada’s Current and Upcoming Actions on PFAS

Canada is one of the first countries to address the entire class of PFAS. The government plans to continue to restrict PFAS in firefighting foams and monitor their levels in humans and the environment. Following the updated Draft State of PFAS Report, an information collection Notice will be issued under CEPA to collect data from those who manufacture, import and use certain PFAS.

The government also plans to publish updated regulations in fall 2024 to further restrict the use of PFOS, PFOA, and LC-PFCAs. Health Canada has released a draft objective for PFAS in drinking water, with the final objective to be published soon.

Efforts to reduce PFAS contamination at federal sites include providing alternative drinking water sources, installing water treatment systems, issuing food consumption advisories, and long-term monitoring.

Quick Facts

• Canada is committed to preventing and minimizing chemical pollution, including PFAS.

• PFAS are widely used in products such as firefighting foams, food packaging, cosmetics and textiles.

• PFAS persist in the environment, leading to continued exposure and potential health risks.

• Potential health effects include effects on the liver, kidney, thyroid, immune system and reproductive health.

• Canada regulates several PFASs under the Prohibition of Certain Toxic Substances Regulations, 2012.

• New measures are being proposed to protect Canadians, including those disproportionately affected by PFAS exposure.

The government is seeking public input to refine risk management strategies and ensure effective, science-based measures to protect health and the environment from PFAS exposure.