Infosheet: Proposed Listing of Other Acts and Regulations in CEPA, 1999 Schedules (February 10, 2001)

The Canadian Environmental Protection Act was first proclaimed in 1988 (CEPA, 1988); it included provisions for creating a regulatory program for 'new' substances proposed for first time entry into Canada. Phase 1 of this program was implemented in 1994 (for chemicals and polymers) and phase 2 in 1997 (for animate products of biotechnology). Under this program, all 'new' substances require notice, prior to their importation or manufacture, and assessment for potential adverse effects on human health and the environment. The program is administered by Environment Canada, while the assessments are conducted jointly by Environment Canada and Health Canada. The new substances assessment considers all phases in the life-cycle of the substance from the time it is manufactured through to its use and disposal.

In addition to the above, CEPA, 1988 was written to recognize that notice and assessments of 'new' substances are also conducted under other Acts and Regulations. In cases where those Acts and Regulations provide for notice prior to import, manufacture or sale, and an assessment for potential adverse effects on human health and the environment, (i.e. conduct an assessment of 'toxic' as defined in CEPA, 1988), then 'new' substances regulated under them are exempted from notification under the new substances program in CEPA, 1988. Through this process, CEPA, 1988 effectively sets a 'benchmark' for other Acts and Regulations.

The new CEPA, (CEPA, 1999) maintains the above criteria but has added a new requirement. This new requirement is the subject of this factsheet and will come into effect later this year (September 13, 2001); it requires the Governor in Council to make the decision whether the benchmark for notice and assessment of 'toxic' is met by other Acts and Regulations and, for those that do, 'List' them in either Schedule 2 (chemical and polymer substances) or Schedule 4 (animate products of biotechnology) of CEPA, 1999. The relevant subsections in CEPA, 1999 are 81(7) and 106(7), respectively.

Acts and Regulations proposed for Listing appear below:

• Schedule 2 (Chemicals and Polymers)
  • Pest Control Products Act & Pest Control Products Regulations (Pest Management Regulatory Agency)
  • Feeds Act & Feeds Regulations (Canadian Food Inspection Agency)
  • Fertilizers Act & Fertilizers Regulations (Canadian Food Inspection Agency)
• Schedule 4 (Animate Products of Biotechnology)
  • Pest Control Products Act & Pest Control Products Regulations (Pest Management Regulatory Agency)
  • Feeds Act & Feeds Regulations (Canadian Food Inspection Agency)
  • Fertilizers Act & Fertilizers Regulations (Canadian Food Inspection Agency)
  • Seeds Act & Seeds Regulations (Canadian Food Inspection Agency)
  • Health of Animals Act & Health of Animals Regulations (veterinary biologics) (Canadian Food Inspection Agency)

For more specific information on the Acts and Regulations proposed for Listing, including how CEPA, 1999 requirements are met by the Acts and Regulations above, please consult departmental and agency websites (under 'whats new'):

• Environment Canada
• Pest Management Regulatory Agency
• Canadian Food Inspection Agency

The proposal to List these Acts and Regulations in CEPA, 1999, if approved, will make it clear that the Listed Acts and Regulations include environmental and health assessments that are being applied consistently and that new substances assessed under them meet CEPA, 1999 new substances requirements for assessment of threats to human health and the environment. Furthermore, the Listing of these Acts and Regulations on Schedules 2 and 4 of CEPA, 1999 will maintain the current (CEPA, 1988) regime whereby substances that are regulated under them are exempted from notification under the New Substance Notification Regulations of CEPA, 1999.

The proposal was made at this time to allow for sufficient time for public comment and for the Government to respond prior to the coming into force, on September 13, 2001, of the CEPA, 1999 requirements as described above.

As part of the decision-making process, the Government invites the public to scrutinize the documentation that accompanies the proposal to List these Acts and Regulations and to provide comments to the contacts listed below. Comments on the proposal can be made to one of the following contacts:

Cynthia Wright
Director General
Strategic Priorities Directorate
Environment Canada
Place Vincent Massey
16th floor, 351 St. Joseph Blvd.
Hull, QC
K1A 0H3

Arthur Sheffield
Team Leader
Regulatory and Economic Analysis Branch
Environment Canada,
Les Terrasses de la Chaudiere,
22nd floor, 10 Wellington St.,
Hull, QC
K1A 0H3