5. Controlling Toxic Substances (Part 5)
Part 5 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) includes specific requirements for the assessment and management of substances currently existing in commerce (substances on the Domestic Substances List) or being released to the environment in Canada and substances that are new to Canada.
CEPA 1999 introduced a requirement for the Government to sort through, or "categorize," the substances on the Domestic Substances List (DSL). The categorization process identified substances that
- were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) and/or bioaccumulative (collect in living organisms and end up in the food chain); or
- present the greatest potential for exposure to Canadians.
As a result of the September 2006 completion of the categorization exercise, the Ministers identified approximately 19 000 substances that needed no further action at that time and approximately 4300 chemical substances that needed further attention, such as screening assessments, research, or measures to control the use or release of the substance. These 4300 substances are being managed under the Government's Chemicals Management Plan, which was launched in December 2006. Activities under the Chemicals Management Plan include risk assessment, risk management, research and monitoring/surveillance.
Through the Existing Substances Program, the Ministers jointly identify, prioritize, assess and manage the risks resulting from exposure to existing substances, which are listed on the DSL. Note that the DSL includes mostly chemicals but also includes about 45 living organisms (all micro-organisms); reporting on living organisms is included in Part 6 of this report.
Through the Challenge under the Chemicals Management Plan, the Government committed to address the 200 highest priority substances. These 200 substances have been divided up into a number of smaller groups or "batches" that are being addressed sequentially. Each batch of substances in the Challenge progresses through various information-gathering, screening assessment, management and regulatory stages. Every three months, a batch of 12 to 20 substances is launched by publishing the names of these substances in the Canada Gazette, Part 1, for a six-month call for information.
As of March 31, 2009, 9 of the 12 batches under the Chemicals Management Plan Challenge had been launched, and draft or final assessment decisions had been published for the 88 substances in Batches 1 through 5. Appendix C lists the assessment decisions for individual substances in Batches 1 through 5.
Other types of risk assessments were also conducted on various other existing substances. In 2008-2009, draft or final assessment decisions were published for a total of 251 existing substances or groups of substances, including those under the Challenge. Table 4 provides a summary of these decisions.
| Substance or number of substances | Batch launch date | Type of assessment | Meets s.64 criteria | Proposed measure | Draft notice | Final notice |
|---|---|---|---|---|---|---|
| 15 Chlorinated paraffins | n/a | PSL1 follow-up | Yes | Add to Schedule 1 for all and virtual elimination (VE) for some | 30-Aug-08 | |
| 145 Substances on the DSL but no longer in commerce | n/a | Rapid screening | No | Significant New Activity Notic e (SNAc) and no further action (NFA) | 7-Jun-08 | |
| Aluminum chloride, aluminum nitrate and aluminum sulphate | n/a | PSL2 | No | NFA | 7-Feb-09 | |
| Decabromodiphenyl ether | n/a | Ecological State of the Science | Yes (already on Schedule 1) | Consider when developing new measures for polybrominated diphenyl ethers (PBDEs) | 28-Mar-09 | |
| 15 Substances | 3-Feb-07 | Screening - Batch 1 | Yes for 9 substances; no for 6 substances | Add to Schedule 1 for 9 substances, including VE for 1 substance; NFA for 6 substances | 5-Jul-08 | |
| 17 Substances | 12-May-07 | Screening - Batch 2 | Yes for 9 substances; no for 8 substances | Add to Schedule 1 for 9 substances, including VE for 1 substance; NFA for 8 substances | 17-May-08, 23-May-08 and 19-Apr-08 |
18-Oct-08 and 31-Jan-09 |
| 19 Substances | 18-Aug-07 | Screening - Batch 3 | Yes for 4 substances; no for 15 substances | Add to Schedule 1 for 4 substances; NFA for 15 substances, including SNAcs for 4 substances | 23-Aug-08 | 7-Mar-09 |
| 18 Substances | 17-Nov-07 | Screening - Batch 4 | Yes for 3 substances, including 1 for VE; no for 13 substances; screening assessments needed for 2 substances | 24-Jan-09 | ||
| 19 Substances | 16-Feb-08 | Screening - Batch 5 | Yes for 2 substances; no for 17 substances | Add to Schedule 1 for 2 substances; NFA for 17 substances, including SNAcs for 2 substances | 21-Feb-09 | |
| 18 Substances | 31-May-08 | Screening - Batch 6 | ||||
| 14 Substances | 31-Aug-08 | Screening - Batch 7 | ||||
| 14 Substances | 31-Jan-09 | Screening - Batch 8 | ||||
| 17 Substances | 14-Mar-09 | Screening - Batch 9 |
Legend
NFA = no further action
PSL1 = First Priority Substances List
PSL2 = Second Priority Substances List
SNAc = Significant New Activity Notice
VE = virtual elimination
Another key element of the Chemicals Management Plan is the Petroleum Sector Stream Approach, which includes approximately 160 petroleum substances that are considered high priority. These substances were set aside from the Challenge process. In 2008-2009, data were collected on toxicology, environmental fate, exposure, manufacture, import and use. Screening assessments of the petroleum substances have commenced and information has been collected on existing regulatory and non-regulatory tools for these substances to inform any additional measures that may be needed.
5.1.2.1 Addition of substances to Schedule 1
Table 5 lists the substances or groups of substances that were proposed to be added to Schedule 1 of CEPA 1999 (the List of Toxic Substances) in 2008-2009. No substances were added to Schedule 1 from April 2008 to March 2009.
| Substance | Draft Order |
|---|---|
| 1,2-Benzenediol | 20-Sep-08 |
| 1,4-Benzenediol | 20-Sep-08 |
| 15 Chlorinated paraffins | 30-Aug-08 |
| Ethyloxirane | 20-Sep-08 |
| Methyloxirane | 20-Sep-08 |
| Naphthalene | 20-Sep-08 |
| Propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl] ethylamino]-2-methylphenyl]methylene]- | 20-Sep-08 |
| Toluene diisocyanates (three substances) | 20-Sep-08 |
5.1.2.2 Significant New Activity Notices
In 2008-2009, Notices of Intent to apply Significant New Activity Notices were published for 13 substances and final Orders were published for 148 substances (Table 6). A person who intends to use, manufacture or import any of these substances for a significant new activity in quantities exceeding 100 kg/year must provide prescribed information to assess the substance prior to its use, manufacture or import.
| Substance | Draft Notice | Final Order |
|---|---|---|
| 145 Persistent, bioaccumulative and inherently toxic substances but no longer in Canadian commerce | 25-Jun-08 | |
| 1-Propanaminium, 3-[[4-[(2,4-dimethylphenyl)amino]-9,10-dihydro-9,10-dioxo-1-anthracenyl]amino]-N,N,N-trimethyl-, methyl sulfate | 23-Aug-08 | 18-Mar-09 |
| 2-Butanone, 4-[[[1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-1-phenanthrenyl]methyl](3-oxo-3-phenylpropyl)amino]-, [1R-(1α,4aβ,10aα)]- | 24-Jan-09 | |
| 9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts | 24-May-08 | |
| 9,10-Anthracenedione, 1-[(5,7-dichloro-1,9-dihydro-2-methyl-9-oxopyrazolo[5,1-b]quinazolin-3-yl)azo]- | 23-Aug-08 | 18-Mar-09 |
| 9,10-Anthracenedione, 1-amino-4-(phenylamino)- | 23-Aug-08 | 18-Mar-09 |
| Adenosine, N-benzoyl-5'-O-[bis(4-methoxyphenyl)phenylmethyl]-2'-deoxy- | 24-Jan-09 | |
| Amines, C18-22-tert-alkyl, ethoxylated | 24-Jan-09 | |
| Benzamide, 3,5-dichloro-N-(3,4-dichlorophenyl)-2-hydroxy- | 24-Jan-09 | |
| Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl) bis(imino-4,1-phenyleneoxy)]bis-, disodium salt | 24-May-08 | |
| Benzenesulfonic acid, 2,2'-[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt | 24-May-08 | |
| Benzoic acid, 2-[(3,5-dibromo-4-hydroxyphenyl)(3,5-dibromo-4-oxo-2,5-cyclohexadien-1-ylidene)methyl]-, ethyl ester | 24-Jan-09 | |
| Ethanol, 2-[[4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]methylamino]- | 21-Feb-09 | |
| Ethanol, 2-ethoxy-, acetate | 7-Mar-09 |
5.1.2.3 Changes to the Domestic Substances List
By Ministerial Order published on June 25, 2008, 534 substances were deleted from the DSL, as they did not meet the statutory criteria for inclusion in the List. On the same date, 531 of the 534 substances were added to the Non-domestic Substances List, as they were in commercial use in other countries. This means that these substances will be subject to the New Substances Notification Program if any person intends to manufacture or import any of these substances. The Minister also indicated the Government's intent to delete another 483 substances from the DSL.
5.1.2.4 Regulations
Table 7 lists the proposed and final regulations published under Part 5 of CEPA 1999 in 2008-2009. These include final regulations regarding perfluorooctane sulfonate and its salts, and polybrominated diphenyl ethers, which were targeted for immediate action under Canada's Chemicals Management Plan.
| Regulation | Draft Notice | Final Order |
|---|---|---|
| PCB Regulations | 17-Sep-08 | |
| Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations | 11-Jun-08 | |
| Polybrominated Diphenyl Ethers Regulations | 9-Jul-08 | |
| Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List | 6-Sep-08 | 4-Feb-09 |
| Regulations Amending the Federal Halocarbon Regulations, 2003 | 5-Jul-08 | |
| Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations | 26-Apr-08 | |
| Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations | 26-Apr-08 | |
| Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations | 26-Apr-08 |
Substances that are not on the DSL are considered to be new to Canada. New substances may not be manufactured in or imported into Canada unless the Minister has been notified with certain prescribed information, and the potential risk to the environment and human health has been assessed, or the period for assessing the information has expired. Note that new substances include living organisms; reporting on living organisms is included in Part 6 of this report.
In 2008-2009, 492 new substance notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers). Of the 492 notifications received, the Minister issued 28 Significant New Activity Notices (Table 8), 10 Ministerial Conditions (Table 9) and no prohibitions.
| Substance | Final Notice |
|---|---|
| 1,2-Propanediol, 3-amino-, dialkyl derivatives | 10-May-08 |
| 1-Hexadecanol, manuf. of, distn. lights | 24-Jan-09 |
| 2,4,7,9-Tetramethyl-4,7-decanediol | 10-Jan-09 |
| 2-Propenoic acid, 2-hydroxyethyl ester, telomere with 2mercaptoethanol, polyalkyleneglycol acrylate, polyalkyleneglycol polyacrylate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate | 29-Nov-08 |
| 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate | 29-Nov-08 |
| Aliphatic alkyl diester of succinic acid | 28-Feb-09 |
| Alkanes, C14-16 | 22-Nov-08 |
| Alkanoic acid, dihydroxy-,2-alkyl esters | 19-Jul-08 |
| Benzoic acid, 2-hydroxy-, 2-butyloctyl ester | 14-Feb-09 |
| Carbamic acid, [(butylthio) thioxomethyl]-, butyl ester | 24-Jan-09 |
| Cobalt lithium manganese nickel oxide | 24-Jan-09 |
| Fatty acids, tall-oil, reaction products with alkylamine and 2-propenoic acid | 1-Nov-08 |
| Ferrate(1-), bis[3,5-bis(1,1-dimethylethyl)-2-(hydroxy- kO)benzoato(2-)- kO]-, hydrogen | 27-Dec-08 |
| Lithium cobalt manganese nickel oxide | 21-Feb-09 |
| Methanone, [1,1'-biphenyl]-4-ylphenyl- | 18-Oct-08 |
| Oxirane, 2,2'-[(1-methylethylidene)bis[4,1-phenyleneoxy[1-(butoxymethyl)-2,1-ethanediyl]oxymethylene]]bis- | 6-Dec-08 |
| Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), tris[N-[methyl-3-[[(nonylphenoxy)carbonyl]amino]phenyl]carbamate] | 10-May-08 |
| Phosphoric acid, iron(2+) lithium salt (1:1:1) | 10-Jan-09 |
| Polyfluoro acrylate, polymer with chloroethene | 29-Nov-08 |
| Polyfluoro acrylate, polymer with chloroethene | 29-Nov-08 |
| Propanenitrile, 3-[[4-[2-(4-nitrophenyl)diazenyl]phenyl] (substitutedmethyl)amino]- | 19-Apr-08 |
| Silane homopolymer, hydrolysis products with magnesium hydroxide | 24-Jan-09 |
| Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica | 6-Sep-08 |
| Substituted 2-Propenoic acid, 2-methyl-, alkyl ester, polymer with alkylaminoalkyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-methyl2-propenoate, and perfluoroalkylethyl 2-methyl-2-propenoate, acetate (salt) | 16-Aug-08 |
| Substituted silylated resorcinol, reaction products with trimethoxysilanesilica hydrolysis products | 9-Aug-08 |
| Supramolecular complex of di(bisalkylsulfosuccinate) barium salt with barium hydrogen phosphate (2:1) | 11-Oct-08 |
| Thioimidodicarbonic acid ((HO)C(O)NHC(S)(OH)), C,C'-dibutyl ester | 12-Jul-08 |
| Tin titanium zinc oxide | 24-Jan-09 |
| Substance | Final Notice |
|---|---|
| Amide of 3-(trimethylaminium)-1-propylamine, chloride salt | 4-Oct-08 |
| Amines, alkyl, compounds with 2-mercapto-dialkyl-1,3,2-dioxaphosphorinane 2-oxide (1:1) | 17-May-08 |
| Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- | 4-Oct-08 |
| Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- | 4-Oct-08 |
| Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- | 3-Jan-09 |
| Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- | 3-Jan-09 |
| Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- | 19-Apr-08 |
| Butanamide, 3-oxo- | 20-Sep-08 |
| Hydroxyfatty acid, (9Z, 12R)-homopolymer, 3-(dimethyl amino) propylamide, di-Me sulphate-quaternized | 17-May-08 |
| Poly(oxy-1,2-ethanediyl), α-[3-[1,3,3,3-tetramethyl-1-[(trimethylsilyl) oxy]disiloxanyl]propyl]-ω-hydroxy- | 8-Nov-08 |
Of the 492 notifications, 53 related to chemicals or polymers intended solely for use in Food and Drugs Act products. In 2008-2009, one Significant New Activity Notice and three requests for additional information were published in relation to these substances.
In 2008-2009, Health Canada co-sponsored a workshop on pharmaceuticals and personal care products in the Canadian environment. The workshop assessed the current state of Canada's analytical science research on these products in government, academia and industry laboratories. The principal focus of the workshop was to help standardize analytical methods in Canada, set a priority list of pharmaceuticals and personal care products for monitoring, and develop a Web portal that government, academia and industry can use to collaborate, communicate, increase process efficiencies and exchange knowledge.
The act allows the Minister to establish an Export Control List containing substances whose export is controlled because their manufacture, import and/or use in Canada are prohibited or severely restricted or because Canada has agreed, through an international agreement, such as the Rotterdam Convention, to control their export. The Minister can also make regulations regarding substances specified on the Export Control List.
A total of 57 notices of export were received from April 2008 to March 2009.
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