Canada Announces New Measures to Combat Toxic Substances in Sealant Products

On 18 November, in a significant move to protect both the environment and public health, the Government of Canada unveiled the Certain Products Containing Toxic Substances Regulations. This groundbreaking 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, gives the Governor in Council the authority to enact regulations to reduce the risks associated with these toxic substances. 

Focus on Coal Tars and their Distillates 

The proposed regulations particularly 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) above 1,000 ppm. This is a proactive measure to prevent ecological damage and reduce health risks associated with these toxic substances in Canada. 

Implementation Timeline and Exceptions 

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

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

Integration of 2-BE Regulations 

The new regulations will also incorporate the existing 2-Butoxyethanol Regulations (2-BE Regulations), to improve their consistency with the current legislative draft. However, the core requirements for permitting and record-keeping 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 with the new standards. This move reflects Canada's commitment to a healthier environment and public safety and underscores the government's proactive approach to chemicals management.