New Process to Request Substance Assessments under CEPA

Beginning in June 2024, the Canadian public will have an important new tool to protect the environment and public health. Under subsection 76(1) of the Canadian Environmental Protection Act, 1999 (CEPA), any person may request that the Ministers of Environment and Health assess a substance to determine whether it meets the criteria outlined in Section 64 of CEPA. This new process, which began in June 2023, is part of Canada's ongoing efforts to increase public participation in environmental safety.

Assessment Criteria

The Ministers may either approve the request, adding the substance to the Plan of Priorities, or deny it. Assessments conducted under CEPA consider scientific information to determine whether the substance:

1. Has or may have an immediate or long-term harmful effect on the environment or its biological diversity.

2. Constitutes or may constitute a danger to the environment on which life depends.

3. Constitutes or may constitute a danger to human life or health in Canada.

If a substance meets the criteria in Section 64, risk management measures may be implemented.

Overview of Public Request Process

Any person may request that the Minister of the Environment and the Minister of Health assess a substance. This includes any substance as defined in Section 3 of CEPA, such as discrete substances, classes or groups of substances, or mixtures/effluents. The substance(s) of concern must be clearly identified, with a rationale for the request provided.

Requests for assessment can be made by completing the request form (available summer 2024) and submitting it by email. There is no deadline for submission. If more information is required, the requestor will be contacted for clarification. Once submitted, the request will be reviewed and the Minister of the Environment will respond within 90 calendar days. The response will include:

• The decision on whether the substance will be added to the Plan of Priorities.

• The reasoning behind the Ministers' decision on the request.

Before Submitting a Request

Before submitting a request, it is recommended to check the following lists to determine whether the substance has already been addressed or is an upcoming priority for assessment:

• Substance Search Tool: Check if the substance is on the DSL or referenced in legislative or regulatory instruments.

• Priority Substances Lists (PSL): PSL1 & PSL2 list substances prioritized under CEPA 1988.

• Status of Substances Prioritized Under the Chemicals Management Plan (2006–2024): Determine if a substance has been addressed under the CMP since 2006.

• Schedule 1 of CEPA: Substances assessed and found to be harmful to human health or the environment.

• Non-statutory List of Substances: Substances assessed as harmful but not included in Schedule 1.

• CMP Risk Management Actions Table: Summary of actions taken on hazardous substances.

• Record of Requests for Assessment: Summary of past requests and their outcomes.

• Plan of Priorities: Substances prioritized for assessment under CEPA (proposed plan to be published in summer 2024 and finalized by June 2025).

Submitting a Request for Assessment

To submit a request, complete the request form (available summer 2024) and send it via email. Requests can be submitted at any time with no deadline. If more information is needed, the requestor will be contacted for clarification. The Minister of the Environment will respond to the request within 90 calendar days with a decision and the reason for the decision.