Canada Regulatory News

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...

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.

A recent study by Health Canada introduced a new metric called Cumulative Health Risk from Exposure Load (CHREL), which provides insight into the cumulative health risks posed by multiple chemical exp...

A recent study by Health Canada introduced a new metric called Cumulative Health Risk from Exposure Load (CHREL), which provides insight into the cumulative health risks posed by multiple chemical exposures. This metric is based on data from the Canadian Health Measures Survey (CHMS) and uses Human Biomonitoring Health-Based Guidance Values (HB2GVs) as thresholds to evaluate the potential health risks from chemical exposures in a population. The findings suggest that a significant portion of the Canadian population may be exposed to chemicals at levels potentially above the HB2GVs, raising concerns about cumulative health risks.

Understanding CHREL: A New Approach to Chemical Exposure

CHREL builds on the concept of Exposure Load (EL), which identifies how many chemicals an individual is exposed to at levels above a certain threshold. CHREL takes this further by integrating HB2GVs, which are exposure thresholds derived from toxicological studies, to evaluate the health risks of chemical mixtures.

By applying HB2GVs, the CHREL metric indicates the number of chemicals detected in an individual that exceeds the health-protective guidance values. The study focused on 18 chemicals measured in CHMS cycles 3 and 4 (2012–2013 and 2014–2015), including mercury, benzene, acrylamide and triclosan. These chemicals have been linked to adverse health effects on the liver, nervous system, and cancer risk.

Key Findings: Chemical Exposures in Canada

The CHREL analysis revealed that more than half of the Canadian population had a CHRELTOTAL score of 1 or higher, indicating exposure to one or more chemicals at levels above the health-based thresholds. Certain subgroups were found to be at higher risk:

• Males had significantly higher CHREL scores compared than females.

• Smokers had notably higher CHREL scores than non-smokers, indicating increased exposure to harmful chemicals.

• Younger age groups (12–19 years) had lower CHREL scores compared to older age groups, especially those aged 40–59.

Small segments of the population also showed higher CHRELLIVER and CHRELNERV scores, which assess risks to the liver and nervous system, respectively. For cancer risk, the study introduced CHRELCANC, based on six chemicals linked to cancer endpoints. Most of the population had an estimated CHRELCANC score of 3, indicating potential exposure to multiple chemicals above negligible cancer risk levels.

Chemicals Driving Health Risks

The study identified several key chemicals that contribute significantly to health risks in the Canadian population:

• Inorganic arsenic was the leading contributor to elevated CHREL scores in the population.

• Mercury, acrylamide, benzene and xylenes were also notable contributors to the overall chemical burden.

• For smokers, the most critical chemicals were inorganic arsenic, benzene, and cadmium, which drove the higher CHREL scores in this group.

Public Health and Policy Implications

The CHREL metric provides a novel way to assess the cumulative health risks of chemical exposures in a population. This information can help guide risk management and regulatory decisions by identifying chemicals that pose the greatest threats to public health. For instance, reducing exposure to inorganic arsenic and other high-risk chemicals could have a significant impact on reducing overall health risks.

The findings underscore the importance of continued biomonitoring efforts, as well as research on how chemical exposures interact to affect human health. Additionally, the study highlights the need for targeted interventions to reduce chemical exposures in vulnerable subpopulations, such as smokers and the elderly.

Limitations and Future Research

While CHREL provides valuable insights, the study has several limitations. The metric relies on available data for a limited number of chemicals, and further research is needed to expand the range of chemicals analyzed. Additionally, the HB2GVs used in the analysis may vary depending on the methods used to derive them, and more work is needed to standardize these values across different chemicals.

Moreover, CHREL does not indicate the level of exposure for each chemical, only whether the exposure exceeds the health-based threshold. As research on chemical interactions and cumulative risk advances, future updates to the CHREL methodology may provide even more refined insights into population-level chemical exposures.

Conclusion: A Step Toward Better Chemical Risk Management

CHREL represents a significant step forward in understanding the cumulative health risks posed by multiple chemical exposures. By integrating biomonitoring data with health-based guidance values, CHREL provides a clearer picture of the chemical exposures of the Canadian population. This metric can serve as a valuable tool for public health officials, researchers, and policy makers to assess and manage the risks associated with chemical exposures, ultimately contributing to improved health outcomes and stronger environmental protection.

The full study can be found here.

The Government of Canada is moving forward with the modernization of the Canadian Environmental Protection Act, 1999 (CEPA), a critical step in protecting the environment and public health. This moder...

The Government of Canada is moving forward with the modernization of the Canadian Environmental Protection Act, 1999 (CEPA), a critical step in protecting the environment and public health. This modernization emphasizes that every Canadian has the right to a healthy environment and reaffirms Canada’s commitment to clean air, water and land for current and future generations. In keeping with this commitment, the government is also enhancing its chemicals management framework to ensure greater transparency and stronger regulations.

Right to a Healthy Environment

On October 2, 2024, Canada’s Minister of the Environment and Climate Change and Minister of Health, announced several initiatives aimed at protecting Canadians from harmful substances. These actions are particularly focused on communities that are more vulnerable to pollution. The Government is now seeking public input on a number of key proposals. These include a Draft Implementation Framework on the Right to a Healthy Environment under CEPA, a proposed Watch List Approach for substances with hazardous properties, and a new Plan of Priorities outlining how Canada will manage chemical substances in the future. Additionally, the government is working on a draft strategy to reduce reliance on vertebrate animal testing, reflecting the growing emphasis on ethical testing methods.

Addressing the Risks of Harmful Substances

The release of these initiatives follows the Government’s updated Draft State of PFAS Report, which highlights the environmental and health risks posed by per- and polyfluoroalkyl substances (PFAS). These man-made chemicals are commonly found in consumer products such as electronics and packaging. The report concludes that PFAS, excluding fluoropolymers, are entering the environment at levels that may be harmful. With CEPA’s modernization, the Government is committed to addressing cumulative environmental and health impacts, particularly for populations at higher risk due to higher exposure to harmful substances.

Prioritization of Chemical Substances for Assessment

A Proposed Plan of Priorities will help streamline the Government’s approach to managing harmful chemicals. This plan identifies more than 30 priority substances, including those known to cause cancer, reproductive harm, and endocrine disruption. It also takes into account substances that pose a greater risk to vulnerable populations or that have the potential to contribute to cumulative risks. The Government is determined to better protecting Canadians by regulating substances found in everyday products such as food packaging, drugs, cosmetics and electronics.

Reducing Reliance on Vertebrate Animal Testing

To further align with global scientific advances, the Government is committed to replacing, reducing or refining the use of vertebrate animal testing for chemical safety assessments. A flexible and evolving strategy is being developed to ensure that new testing methods are incorporated into hazard and risk assessments. This strategy will involve collaboration with national and international partners and will remain adaptable to emerging scientific innovations.

Introducing the Watch List Approach for Hazardous Substances

Another key component of the modernization effort is the proposed Watch List approach. The Watch List will provide an up-to-date online resource to help manufacturers, importers and consumers make informed choices and avoid substituting one harmful chemical for another. The Watch List will include substances that do not currently meet the “toxic” criteria under CEPA, but may still pose a risk if their use changes or if new information about their hazardous properties becomes available.

Public Consultation: Shaping Canada’s Environmental Future

Public consultations on these proposals began on October 5, 2024, with a 60-day comment period for Canadians to provide their feedback on the Draft Implementation Framework for the Right to a Healthy Environment, the proposed Plan of Priorities and the proposed Watch List Approach. Additionally, input on the draft strategy to replace, reduce, or refine vertebrate animal testing can be submitted until November 13, 2024.

Looking ahead, the finalized Implementation Framework on the Right to a Healthy Environment, the Plan of Priorities, and the Vertebrate Animal Testing Strategy will be published in June 2025. Once the Watch List Approach is finalized in 2025, substances will be added to the online Watch List. Canadians are encouraged to help shape the future of environmental protection by participating in these important discussions and consultations.

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 Enviro...

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.

The Government of Canada has been actively engaging with stakeholders across the country to shape the implementation framework for the right to a healthy environment under the Canadian Environmental P...

The Government of Canada has been actively engaging with stakeholders across the country to shape the implementation framework for the right to a healthy environment under the Canadian Environmental Protection Act, 1999 (CEPA). In early October, it released a report that provides an overview of the feedback gathered during consultations in early 2024 and summarizes diverse perspectives that will inform the development of the draft implementation framework by June 2025.

Background: A New Era for Environmental Protection in Canada

The passage of Bill S-5 in June 2023 marked a historic moment for environmental protection in Canada, recognizing every individual’s right to a healthy environment under CEPA. The government is now tasked with creating an implementation framework to guide how this right will be considered in decision-making by the Ministers of Environment and Climate Change and Health.

The amendments to CEPA also align with the United Nations Declaration on the Rights of Indigenous Peoples, ensuring that Indigenous knowledge and perspectives are incorporated into environmental protection strategies.

Engaging Canadians for a Healthier Future

Between February and April 2024, Environment and Climate Change Canada (ECCC) and Health Canada (HC) conducted public consultations on the Discussion Document for implementing the right to a healthy environment under CEPA. Engagement activities included workshops, an online platform, and written submissions from various groups, including Indigenous communities, non-governmental organizations (NGOs), industry, and the general public.

Indigenous-led engagement played a crucial role in this process, with submissions from First Nations, Métis and other Indigenous groups participating in distinctions-based workshops within their communities. Although Inuit perspectives were not received at this stage, the government is committed to including their voices in the ongoing development of the framework.

Public Engagement: Key Themes and Priorities

The public consultations revealed several key themes and priorities that stakeholders believe should shape the framework:

• Balance Flexibility and Predictability: Participants emphasized the need for the framework to strike a balance between being adaptable to emerging challenges while offering clear guidelines to ensure consistent implementation.

• Interconnectedness: Many comments highlighted the need to consider multiple factors that may contribute to environmental risks, especially for populations disproportionately affected by pollution.

• Transparency and Accessibility: There was a strong call for CEPA information and decisions to be communicated in plain language, making the framework accessible to all Canadians.

• Indigenous Reconciliation: Stakeholders emphasized the importance of incorporating Indigenous knowledge alongside Western science and ensuring that Indigenous communities have meaningful participation in decision-making.

• Representation and Inclusion: Participants advocated for a focus on subpopulations that are more vulnerable to pollution, ensuring that marginalized communities are included in environmental protection efforts.

• Accountability: There was widespread agreement that the government must communicate how the right to a healthy environment is being protected and hold violators accountable.

Strengthening Enforcement and Compliance

Many submissions expressed concern about the lack of mechanisms to enforce the right to a healthy environment under CEPA. Respondents called for measurable criteria to assess whether this right has been breached and for stronger enforcement of CEPA provisions. Additionally, several participants recommended increasing penalties for violations to ensure compliance with environmental protection laws.

The draft framework will address these concerns by proposing new initiatives for research, compliance, and enforcement. These include developing guidance for the public on how to request an enforcement investigation under CEPA Section 17 and considering the right to a healthy environment when setting compliance promotion priorities each year.

Incorporating Indigenous Perspectives

Indigenous participation was a key aspect of the consultation process, with various Indigenous groups sharing their perspectives on environmental protection. The draft framework seeks to respect and incorporate Indigenous knowledge to ensure that environmental justice efforts are culturally appropriate and grounded in reconciliation.

The government acknowledges that further efforts are needed to engage with Inuit communities, whose input will be sought in future stages of the consultation process.

Next Steps: Developing the Draft Implementation Framework

The feedback collected during these consultations will shape the draft implementation framework for the right to a healthy environment under CEPA. This draft will be developed over the coming months, with public input remaining central to the process. The final framework will be published by June 2025, setting the stage for stronger environmental protection across Canada.

Canadians are encouraged to stay informed and participate in the ongoing consultations through the CEPA Registry and engagement platforms. The Government remains committed to ensuring that everyone in Canada has access to a healthy environment, and that this right is upheld in all future decisions under CEPA.

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