Canada Amends Domestic Substances List to Enhance Environmental Protection and Public Health

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.