Canada Announces New Measures to Combat Toxic Substances in Sealant Products

On 18 November 2023, in a significant move to safeguard both the environment and public health, the Government of Canada unveiled the Certain Products Containing Toxic Substances Regulations. This initiative is part of the broader Chemicals Management Plan (CMP), which aims to evaluate and reduce risks posed to the environment and human health by potentially harmful chemical substances. 

Upgraded Management of Harmful Chemicals 

Under the Canadian Environmental Protection Act (CEPA), substances that are considered toxic to the environment or human health are subject to strict regulations. The CMP, backed by CEPA, empowers the Governor in Council to enact regulations to reduce the risks associated with these toxic substances. 

Focus on Coal Tars and Distillates 

The proposed regulations focus on coal tars and their distillates. These substances, which consist of complex mixtures of hydrocarbon and other chemicals, are essential for the production of various materials like creosote, crude naphthalene, and coal tar pitch and oils. They are also used in certain veterinary and human pharmaceuticals. 

Key Objectives of the New Regulations 

The primary goal of these new regulations is to ban the manufacture, import, and sale of specific coal tar-based sealant products and sealants containing Polycyclic Aromatic Hydrocarbons (PAH) levels exceeding 1,000 ppm. This action is a proactive measure to prevent ecological damage and reduce health risks associated with these toxic substances in Canada. 

Implementation Timeline and Exceptions 

By 1 January 2025, the regulations will prohibit the manufacture and import of certain sealant products containing coal tar and PAHs above the 1,000-ppm threshold. Excemptions include products manufactured for export only or in transit through Canada, and those manufactured under a specific permit. The ban covers pavement and roofing sealant products and, for coal tars, includes industrial-use sealants on various materials. 

The sale and offer of these products will be prohibited by 30 June 2025, with certain temporary exemptions. In particular, coal tar-based industrial sealants will be exempt until 1 January 2028. 

Integration of 2-BE Regulations 

The new regulations will also incorporate the existing 2-BE Regulations to improve their consistency with the current legislative draft. The 2-BE Regulations set the limits on the amount concentration of 2-butoxyethanol (2-BE) contained in cleaning, painting and coating products designed for indoor use. However, the core permitting and record-keeping requirements under the 2-BE Regulations will remain unchanged. 

Enforcement Measures 

Enforcement of these regulations, under CEPA's Compliance and Enforcement Policy, will be stringent to ensure compliance to the new standards. This move reflects Canada's commitment to a healthier environment and public safety, emphasizing the government's proactive approach to chemicals management.