Government of Canada Publishes Notice on to Amend the Domestic Substances List Under CEPA

On August 10, 2024, the Government of Canada,, announced plans to amend the Domestic Substances List under the Canadian Environmental Protection Act (CEPA) of 1999 by unmasking the identities of 198 substances currently listed under Part 3 with confidential status. The Minister of the Environment intends to make these changes to enhance transparency and accountability in the management of chemicals.

Public Engagement and Comment Period

The proposed order, which includes the currently masked names and confidential accession numbers of these substances, has been released for public comment. Stakeholders and the general public have 60 days from the publication of the notice to provide feedback or raise objections. Those wishing to object to the unmasking must submit an application with a masked name that adheres to the Masked Name Regulations and provide a solid justification based on CEPA guidelines.

Confidentiality Considerations

Parties submitting information under this process may request that their information remain confidential. Any such request must identify the data to be kept confidential and provide a justification consistent with CEPA's confidentiality criteria under subsection 313(2).

Next Steps in the Regulatory Process

Following the public consultation period, the feedback received will be reviewed and considered before the order is finalized. Once finalized, the amendments will be published in the Canada Gazette, Part II, and will officially come into force upon registration. The amendments aim to align with Environment and Climate Change Canada’s 2018 initiative to balance transparency with the protection of confidential business information. This move is part of a broader strategy to ensure a more transparent chemicals management framework in Canada, in line with the amendments introduced by Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, which became law in June 2023.

Summary of the Proposed Changes

The proposed changes will remove 198 substances from Part 3 of the Domestic Substances List and add them to Part 1 under their Chemical Abstracts Service Registry Numbers. These substances have been listed confidentially on the DSL since 2004 or earlier. The changes support Canada's ongoing commitment to increase transparency and public awareness of substances on the Canadian market, while protecting proprietary business information.