3. Addressing key risks: risk assessment and risk management

Risk assessments help to identify the sources of pollution that pose the greatest risk to the environment and human health. While risk assessment is the prelude to, and informs, the risk management stage for all programs under CEPA, the Act provides explicit direction on the assessment of toxic substances and the assessment of wastes and other matters that are destined for disposal at sea.

3.1 Chemicals

CEPA includes specific requirements for the assessment and management of substances currently existing in commerce or being released to the environment in Canada. The Minister of the Environment and the Minister of Health jointly administer this part of the Act.

There are two streams of risk assessment for substances in Canada:

• existing substances: substances which have been in use in Canada for over 3 decades and have been included on the Domestic Substances List (DSL)
• new substances: substances (chemicals, polymers or living organisms) being introduced into the Canadian marketplace that are not on the DSL

Progress under the Chemicals Management Plan

The Chemicals Management Plan (CMP) is a program aimed at reducing the risks posed by chemical substances to Canadians and the environment. Through the CMP, the Government of Canada assesses and manages risks to human health and the environment posed by chemical substances that can be found in food and food products, consumer products, cosmetics, drugs, drinking water and industrial releases. Included is a commitment to finish addressing approximately 4300 existing substances of potential concern that were already in commerce in Canada between 1984 and 1986. The Government also conducts pre-market assessments of health and environmental effects of approximately 400 new substances to Canada each year.

3.1.1 Information gathering

Mandatory notices issued under CEPA are used to gather information needed to inform priority-setting, risk assessment and risk management activities, as well as decision making for chemical substances. The following notices and requests were issued in 2021-2022:

• Voluntary requests on longchain aliphatic amines (including DPDAB CAS RN 68479-04-09), and on 2-mercaptobenzothiazole (MBT) and its precursors, to inform the selection and development of risk management actions if deemed necessary. (ECCC, July 14, 2021)
• Targeted data request to previous section 71 respondents for zinc oxide and titanium dioxide nanomaterials to support risk assessment activities. (HC,  October 27, 2021)
• Information gathering Notice under section 71 of the Act with respect to bisphenol A (BPA) and BPA structural analogues and functional alternatives to inform further prioritization decisions, risk assessment activities and risk management, if needed. (ECCC, November 13, 2021)
• Information gathering notice under section 71 of the Act concerning certain substances on the Revised In Commerce List (R-ICL).^{Footnote 2}  The information collected will be used to update the commercial status of the substances, identify stakeholders with a commercial interest, support decisions to remove substances from the R-ICL, or support screening risk assessments by providing information on use patterns and quantities manufactured or imported. (ECCC, March 12, 2022)
• Voluntary request to industry stakeholders for information on barriers to supply chain transparency for chemicals to help the Government design and prepare for the launch of national consultations on supply chain transparency and labelling for chemicals in products. Structured as a series of national workshops and interactive events in a policy lab format, the consultations support the collaborative development of innovative approaches to enhancing the availability of information on chemicals in products for consumers, businesses, and governments. (ECCC, March 2022)

3.1.2 Existing substances

3.1.2.1 Risk assessment of existing substances

ECCC and HC conduct risk assessments or screening assessments to determine whether existing substances on the DSL meet or are capable of meeting any of the criteria for toxicity as set out in section 64 of the Act. Draft screening assessments are published for a 60-day public comment period, followed by the publication of the final screening assessments.

During 2021-2022, the Minister of Environment and Climate Change and the Minister of Health (see Table 6):

• published 10 draft screening assessment reports covering 166 substances
• published 12 final screening assessment reports covering 25 substances
• published a proposed Approach for a subset of organic and inorganic substances prioritized under the Chemicals Management Plan
• published an additional risk characterization document in support of the draft screening assessment report for zinc
• proposed that 15 substances meet one or more of the toxicity criteria set out in section 64 of CEPA
• concluded that 9 substances meet one or more of the toxicity criteria set out in section 64 of CEPA
• published 6 risk management scope documents
• published 4 risk management approach documents

Final decision by Ministers

Ministers may recommend the addition of a substance to Schedule 1 of CEPA if a screening assessment shows that a substance meets one or more of the toxicity criteria set out in section 64 of CEPA. In 2021-2022:

• the Ministers proposed that 2 substance groups (coal tars and their distillates and talc) be added to Schedule 1 of CEPA (see Table 6)
• 1 substance group (selenium and its compounds) was added to Schedule 1 of CEPA (see Table 6)^{Footnote 3}

Identifying risk assessment priorities

Since 2014, ECCC and HC have formalized their approach to the identification of risk assessment priorities (IRAP) for chemicals and polymers under CEPA. As part of this approach, both departments compile new information on substances, evaluate this information, and then subsequently determine if further action on the substance(s) may be warranted. Results from past IRAP review cycles (2015, 2016, 2017-2018 and 2019) are available online and continue to inform post-2020 risk assessment activities, including data gathering.

In March 2022, ECCC published for a 60-day public comment period a science approach document, Ecological risk classification of organic substances version 2.0 (ERC2), which presents the application of a set of computational tools and new approach methodologies  to approximately 12,200 substances specified on the Domestic Substances List in order to classify their relative ecological risk based on hazard and exposure profiles for each substance. Results will assist the Government of Canada in identifying and addressing organic substances that may be of ecological concern in a more effective manner.

3.1.2.2 Risk management of existing substances

Risk management instruments are put in place to reduce or eliminate risks to the environment and/or human health after a substance has been concluded toxic. Risk management instruments may take the form of regulations, pollution prevention plans, release guidelines or codes of practice, environmental performance agreements, and environmental quality guidelines. The risk management scope is published to outline the Government of Canada's early thinking on risk management. If the final screening assessment maintains the toxic conclusion, the risk management approach is published and outlines in more detail the Government of Canada's plan for risk management.

Risk management scope and approach documents

When a draft risk assessment proposes a conclusion that the substance is “toxic” under CEPA, meaning that the substance has met one or more of the criteria in section 64, a risk management scope document is developed and published at the same time as the draft assessment report.

• In 2021-2022, 6 risk management scope documents were published for substances or groups of substances that were proposed to have met one or more of the toxicity criteria set out in section 64 of CEPA (see Table 6).

When the final screening assessment report concludes that a substance is “toxic” under CEPA and is proposed for addition to Schedule 1 of the Act, a risk management approach document is developed and published at the same time as the final risk assessment report.

• In 2021-2022, 4 risk management approach documents were published for substances, or groups of substance that met one or more of the toxicity criteria set out in section 64 of CEPA (see Table 6).

Regulations

Proposed regulations are published in the Canada Gazette, Part I and are linked to the CEPA Registry.

• On July 3, 2021, the proposed Prohibiting the Manufacture and Import of Wheel Weights Containing Lead in Canada Regulations were published. The proposed Regulations aim to reduce human and environmental exposure to lead by prohibiting the manufacture and import of lead wheel weights destined for the Canadian market, which would help reduce the adverse health impacts resulting from lead exposure, and help improve air, water and soil quality.

Regulatory administration

The Ozone-depleting Substances and Halocarbon Alternatives Regulations control the export, import, manufacture, sale and certain uses of ozone-depleting substances and hydrofluorocarbons, as well as certain products containing or designed to contain these substances.

• In 2021-2022, approximately 140 permits were issued under these Regulations. Additionally, consumption allowances for hydrofluorocarbons (HFC) and hydrochlorofluorocarbons (HCFCs) were issued to eligible companies and granted 25 requests for transfer of allowances. The Department publishes the list of HFC and HCFC allowance holders as well as holders of essential purpose permits.

The Export of Substances on the Export Control List Regulations apply to the export of substances listed on Schedule 3 of CEPA (known as the Export Control List) and to the export of products containing these substances.

• In 2021-2022, 17 notices of proposed export were submitted to the Minister of the Environment. No export permits were requested.

Codes of practice

The fourth progress report of the Code of practice for management of tetrabutyltin was published on March 30, 2022. This progress report indicates that the facility continues to implement the code of practice.

The complete list with status updates for all active Codes of Practice is available online.

Environmental Performance Agreements

An environmental performance agreement (agreement) is a voluntary and non-statutory instrument that allows parties with common goals to address a particular environmental or human health issue, such as reducing the use or release of chemicals, promoting product stewardship or conserving sensitive habitats. These agreements may be used to complement a regulation, a code of practice or a pollution prevention planning notice under CEPA.

• On October 29, 2021, ECCC informed Indigenous communities located near the Grand River in Southern Ontario of the Government’s intent to publish the proposed Environmental Performance Agreement for the Formulation of Chlorhexidine Products and offered the communities an overview (via webinar) of the proposed Agreement. One Indigenous community accepted the offer and a meeting on the proposed Agreement was held on November 25, 2021.
• On February 14, 2022, the proposed Environmental Performance Agreement for the Formulation of Chlorhexidine Products was published for a 60-day public comment period. This agreement aims to protect the aquatic environment by minimizing participating companies’ releases of chlorhexidine and its salts, from their facilities that formulate chlorhexidine-based products.
• The first progress report for the 2020 to 2025 Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry was published on February 11, 2022. This progress report indicates that all participating facilities continue to meet the objective of the agreement.

Pollution prevention planning notices

In December 2021, the Government published a Performance Report for the Pollution prevention (P2) planning notice for halocarbons used as a refrigerant. All of the 9 companies that became subject to the P2 notice when it was published in May 2016 reported having successfully implemented their pollution prevention plan. Another company that became subject to the P2 notice in October 2018 has submitted its Declaration of preparation in accordance with the requirements of the notice and is currently implementing its P2 plan. Since 2016, this P2 notice has prevented the release of more than 585 tonnes of halocarbons into the environment. The P2 notice remains in effect for halocarbons and will apply to any new companies that undertake the activities captured by the P2 notice.

The complete list with status updates for all active P2 notices is available online.

Environmental quality guidelines

Environmental quality guidelines provide benchmarks for the quality of the ambient environment. They may be developed nationally through the Canadian Council of Ministers of the Environment (CCME) as Canadian Environmental Quality Guidelines (CEQGs, found in Table 7) or federally under section 54 of CEPA as Federal Environmental Quality Guidelines (FEQGs, found on Table 8).  In addition, an FEQG summary table is available online as of Feb 2021.

Significant New Activity requirements

A Significant New Activity (SNAc) requirement is applied when an existing substance has been assessed and no risks were identified with current activities, but there is a suspicion that new activities may pose a risk to human health and/or the environment. When it is applied, new uses or activities must be reported to the government. This ensures that departmental experts can evaluate whether the new use of a substance poses a risk to human health or the environment, and determine if risk management should be considered.

• In 2021-2022, 2 SNAc Notices of Intent were issued covering 56 existing substances (see Table 9). These Notices of Intent resulted from the SNAc review initiative to ensure that current SNAc orders are aligned with current information, policies and approaches.
• In 2021-2022, 1 SNAc Order was issued for Benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl (Table 10).

Risk management performance measurement evaluation

Performance measurement evaluations provide Canadians with information on the effectiveness of risk management actions for substances found to be toxic under CEPA. The risk management, human health and environmental objectives are systematically evaluated using robust data and expert analysis..

• In 2021-2022, a performance measurement evaluation report for the substance Bis(2-ethylhexyl) phthalate (DEHP) was published.

3.1.3 New substances

3.1.3.1 Risk assessment

Substances that are new to Canada require notification to the government prior to being imported into or manufactured in Canada.

In 2021-2022:

• 328 New Substances Notifications were assessed pursuant to section 81 of CEPA and the New Substances Notification Regulations (Chemicals and Polymers)
• 49 new substances risk assessment summaries (for notifications where control measures are applied) were published online
• 57 waivers of information requirements were published in the Canada Gazette for new chemical and polymer substances
• 40 pre-notification consultations were held to help companies better understand the notification requirements for their specific chemical or polymer before submitting a New Substances Notification.

Substances in products regulated under the Food & Drugs Act (FDA) are subject to the new substances provisions in CEPA for examination of potential risks to the environment and indirect exposure to humans.

• Of the 328 New Substances Notifications that were assessed in 2021-2022, 57 were for new substances in products regulated under the FDA.

When the assessment of a new substance identifies a risk to human health or the environment, CEPA allows the Minister of Environment and Climate Change to intervene prior to or during the earliest stages of its introduction into Canada. In this case, 3 actions may be taken. The Minister may:

1. permit the manufacture or import of the substance subject to specified conditions
2. prohibit the manufacture or import of the substance
3. request additional information considered necessary for the purpose of assessment

In 2021-2022, the Minister of Environment and Climate Change issued 5 Notices of Ministerial Conditions for 5 new substances (see Table 11).

A Significant New Activity (SNAc) requirement can be applied when a substance has been assessed and no risks were identified with current activities but there is a suspicion that significant new activities may pose a risk to human health and/or the environment.

• In 2021-2022, 2 previously published SNAc Notices relating to new substances were varied (see Table 12)

3.1.4 Communication activities

Communications and outreach activities provide Canadians with timely and credible information about the CMP and its achievements, and how to protect themselves from the risks of chemical substances and pollutants.

In 2021-2022, ECCC and HC continued to work collaboratively to raise awareness of the safe use and potential risks of chemical substances and pollutants. A variety of communications materials were developed and published on Canada.ca and on ECCC and HC social media channels to accompany the technical and scientific documents on chemical substances and pollutants. These outreach products include information sheets, fact sheets, plain-language summary pages, social media campaigns, brochures/postcards, and short, illustrated, empowering articles made available for publication in community papers, blogs, websites and newspapers. They provide supplemental and/or non-technical information about aspects of the program and about substances, for stakeholders and the general public.

The following communications activities and products relating to the health and environmental risks of chemicals were published:

• 2 new fact sheets as part of the Fact Sheet Series on Topics in risk assessment of substances under CEPA (totaling 14 fact sheets):
  • Use of margins of exposure and risk quotients in risk assessment
  • Canadian exposure factors used in human health risk assessments
• 11 information sheet webpage summaries of draft screening assessments and risk management scopes (where applicable), including 1 for an additional risk characterization document in support of a draft assessment
• 12 information sheet webpage summaries of final screening assessments and/or risk management approach documents (where applicable)
• 1 information sheet webpage update for a performance measurement evaluation
• 7 information sheet webpage updates for risk management activities and proposed or final orders listing substances to Schedule 1
• 13 plain language summaries for high profile substances
  • 9 draft screening assessment summaries  (flame retardants, alkyl halides, methanol, 1-butanol, benzyl alcohol, methyl acetate, clove oil, guaiazulene, sandalwood)
  • 4 final screening assessment summaries (talc, chlorocresol, coal tars, solvent violet 13)
• 49 new substances notification assessment summaries on Canada.ca
• 4 regional postcards and brochures distributed to 160 000 Canadians living in rural areas

Implementation of the new Healthy Home social marketing campaign continued. The campaign aims to empower Canadians to take action to protect themselves from the risks of chemical substances and pollutants in and around the home. A mix of both traditional and digital marketing and communication tactics have been utilized.

• Digital engagement:
  • posted 150 social media posts on Facebook, Twitter and LinkedIn (1 076 808 impressions), which promoted the campaign and drove traffic to the Healthy home website
  • reached 970 449 Canadians through a digital influencer campaign
    • 20 influencers engaged Canadians on Healthy Home messaging
    • comments and feedback were positive at 97% with an engagement rate of 2.12%, (above the industry average of 1-2%)
  • developed the first phase of an interactive on-line game to help inform Canadians about the risks of certain chemicals and pollutants in the home
  • published 4 new Healthy Home videos on the website in both English and French

The Healthy Home Sessions were launched as a platform to deliver virtual and in-person outreach to the public. These sessions, delivered by Health Canada regional offices, were designed to increase Canadians' awareness of health risks posed by chemicals and pollutants in and around the home, and to provide information for them to take action to protect their health and that of vulnerable populations. In 2021-2022,

• 90 in-person and virtual outreach activities were delivered across the country, including Healthy Home sessions, train-the-trainer collaborations, and exhibits at virtual trade shows, science fairs, and conferences
• activities targeted intermediary groups such as caregivers, early childhood educators, health care providers, and parents/guardians who act as influencers and further disseminate messaging through their professional networks, which allowed the information to reach subpopulations that may be more vulnerable to chemicals or have greater exposure, such as Indigenous communities, new Canadians, seniors, pregnant women, children and youth
• public outreach activities continued to be enhanced by Health Canada through the development of innovative tools including:
  • action-based learning activities for schools and a children's activity book (ages 7-9)
  • research on game-based learning solutions
  • digital and in-person exhibits that minimize public health concerns accessible virtual outreach materials

3.2 Living organisms

Living organisms, defined in CEPA as animate products of biotechnology (CEPA section 104), are regulated for health and safety purposes by a variety of federal departments and agencies across the government. CEPA sets the federal standard for assessment and risk management of new and existing living organisms that are animate products of biotechnology. Other Canadian acts meeting the federal standard set by CEPA are listed in Schedule 4 of the Act. Living organisms manufactured or imported for a use not covered by an act listed on Schedule 4 are regulated under CEPA. These include naturally occurring and genetically modified organisms (such as bacteria, fungi, viruses, and higher organisms, such as fish or pigs) used for various environmental, industrial and commercial purposes.

3.2.1 Risk assessment of living organisms

The Act requires that all 68 living organisms grandfathered to the DSL (i.e. those in commerce between 1984 and 1986) undergo a screening assessment to determine whether the living organism is toxic or capable of becoming toxic. ECCC and HC have completed joint assessments for 45 of those living organisms to date. The remaining 23 living organisms have since been or will be removed from the DSL (e.g. see below). In addition, ECCC and HC jointly perform the assessment of living organisms that are new to the Canadian marketplace and require notification to the government prior to being imported into or manufactured in Canada.

Risk assessment of existing living organisms

On July 7, 2021, a Ministerial Order deleting 22 masked strains from the DSL was published in the Canada Gazette, Part II, as these living organisms do not meet the criteria set out in subsection 105(1) of the Act (see Table 13).

Also during 2021-2022:

• An Order amending the Domestic Substances List to apply the SNAc provisions of CEPA to Trichoderma reesei strain ATCC 74252 was published on August 18, 2021.
• A Notice of Intent to amend the Domestic Substances List (DSL) CEPA to remove one complex consortium was published in the Canada Gazette, Part I, on January 8, 2022.

Risk assessment of new living organisms

During 2021-2022, 37 notifications for new animate products of biotechnology were assessed under the New Substances Notification Regulations (Organisms). Of these, 22 were for new substances in products regulated under the Food and Drugs Act.

Also during 2021-2022:

• 19 pre-notification consultations were completed to help companies better understand the notification requirements for their specific living organism before submitting a New Substances Notification
• 78 waivers  of information requirements for new living organisms were granted and published in the Canada Gazette, Part I

Risk assessment of new higher organisms

Environment and Climate Change Canada and Health Canada are promoting more public engagement in the risk assessment of higher organisms (such as genetically modified plants and animals) conducted by the New Substances (NS) program.
The voluntary public engagement initiative was launched in 2018. The NS program publishes summaries of New Substances Notifications submitted for higher organism and invites stakeholders to share scientific information and test data related to potential risks to the environment or human health from the new living organisms. Information that could be shared to inform the risk assessment process includes:

• environmental fate information
• ecological effects information
• human health effects information or
• exposure information (including sources and routes of exposure)

A public comment period was initiated in February 2022 on 4 new genetically modified fish to inform risk assessments. Further information on past engagement initiatives may be found online.

3.2.2 Risk management

A Significant New Activity (SNAc) requirement is applied when an existing substance has been assessed and no risks were identified with current activities, but there is a suspicion that new activities may pose a risk to human health and/or the environment. The SNAc provisions trigger an obligation for a person to provide the Government of Canada with information about a substance when proposing to use, import or manufacture the substance for a SNAc. When the assessment of a new living organism identifies a risk to human health or the environment, CEPA allows the Minister of the Environment to intervene prior to or during the earliest stages of its introduction into Canada. The Minister may either permit a person to manufacture or import a substance subject to conditions or may prohibit the manufacture or import of a substance.

In 2021-2022, the Minister of Environment and Climate Change issued 2 SNAc Notices for 2 new living organisms (see Table 14). The Minister also issued 2 SNAc Notices of Intent proposing to vary or rescind SNAc provisions related to 15 living organisms (see Table 15).

These Notices of Intent resulted from the SNAc review initiative to ensure that current SNAc orders are aligned with current information, policies and approaches.

In 2021-2022, 1 SNAc Order was issued for an existing living organism (see Table 16).

3.3 Air pollutants and greenhouse gases

Air pollutants and greenhouse gases (GHGs) originate from numerous domestic and international sources, such as industry and transportation. CEPA provides authorities to develop and administer regulatory and non-regulatory risk management instruments to reduce the releases of air pollutants and GHGs.

3.3.1 Risk assessment

HC assesses the overall impact of air pollution on the health of Canadians on an annual basis. Health and environmental risk assessments of air pollutants underpin air quality risk management decisions made by federal, provincial, territorial and municipal governments. Comprehensive risk assessments are completed in support of decisions to establish or update Canadian Ambient Air Quality Standards (CAAQS) and sector-based assessments are conducted to inform management and regulation of air pollution sources.

In March 2022, HC published an estimate of the health impacts of traffic-related air pollution (TRAP) in Canada, reporting that TRAP contributed to 1200 premature deaths in Canada in 2015 along with 210 000 asthma symptom days per year and 2.7 million acute respiratory symptom days. The total economic cost of all health impacts attributable to TRAP in 2015 was $9.5 billion (2015 CAD). 

In March 2022, HC published a health risk assessment of TRAP on childhood leukemia, adult lung cancer, and adult breast cancer. Risk assessments of associations between exposure to TRAP and other health endpoints is ongoing. In addition, HC published an assessment of Canadian exposure to TRAP through analysis of population proximity to roadways. HC also published a systematic review and meta-analysis of the association between PM_2.5 exposure and lung cancer in Canada. This assessment will support HC's Air Quality Benefit Assessment Tool (AQBAT) and evaluation of health risks for Impact Assessments.

In March 2022, HC published the Canadian Health Science Assessment for Fine Particulate Matter (PM_2.5), a document that supports the review of the CAAQS for PM_2.5. In addition, HC began development of Health Based Air Quality Objectives (HBAQOs). For the first cycle, the prioritized pollutants in outdoor air for HBAQO development include arsenic, carbon monoxide, formaldehyde, benzene and PM₁₀.

3.3.2 Risk management

Different regulatory and non-regulatory instruments are available under the authorities provided by CEPA to limit and reduce emissions of air pollutants and/or greenhouse gases from vehicles, engines and fuels, consumer and commercial products, and industrial sectors, as well as for establishing national ambient air quality objectives to drive air quality improvements.

Cooperation among governments is key in managing air pollution. The Air Quality Management System (AQMS), agreed to by federal, provincial and territorial environment ministers in 2012, provides a collaborative approach to reducing air pollution and improving the health of Canadians and the environment. The AQMS includes:

• Canadian Ambient Air Quality Standards (CAAQS)
• local air zones and regional airsheds
• industrial emission requirements for several industrial sectors
• work to address emissions from mobile sources
• outdoor air pollutants monitoring program
• reporting to Canadians on the state of the air

Canadian Ambient Air Quality Standards (CAAQS) are health and environment-based air quality objectives that apply to the concentration of specific air pollutants in the outdoor air. They provide the drivers for local air quality management actions across the country. ECCC and HC lead the process under the Canadian Council of Ministers of the Environment (CCME) to develop, review and amend CAAQS. Once approved by the CCME, CAAQS are published by the Minister of the Environment and the Minister of Health as objectives under CEPA. CAAQS have been developed for PM_2.5, ground level ozone (O₃) sulphur dioxide (SO₂) and nitrogen dioxide (NO₂).

In 2021-2022, work continued to advance the review of the 2020 CAAQS for PM_2.5.

Industrial sector emissions

The Multi-Sector Air Pollutants Regulations (MSAPR) came into force in 2016 and established nationally consistent industrial emissions performance standards. The MSAPR limit nitrogen oxide (NO_x) emissions from large industrial boilers and heaters, as well as from stationary spark‑ignition engines, used in several industrial sectors, that burn gaseous fuels (such as natural gas).

For stationary spark-ignition engines covered by the MSAPR, emission requirements for modern engines are in force, with annual compliance reports due by July 1. Emission requirements for pre-existing engines began to apply on January 1, 2021, with the first annual compliance report due on July 1, 2022.

The MSAPR also limit NO_x and SO₂ emissions from kilns at cement manufacturing facilities. More specifically, the MSAPR limits NO_x and SO₂ releases for 14 grey cement facilities in Canada under Part 3 of the regulations. Every June 1st, 14 facilities report on their compliance with the MSAPR. As of the end of 2021, all facilities are meeting the SO₂ limit and 11 of the 14 facilities are meeting the NO_x emission limits as defined in the MSAPR. The three facilities not meeting the NO_x emissions limits have implemented, or are in the process of implementing, a selective non-catalytic reduction system to reduce their NO_x emissions and meet the NO_x limit as set out in the regulation.

Oil and gas sector emissions

The first requirements under the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector), came into force on January 1, 2020, in order to help fulfill Canada's commitment to reduce emissions of methane from the oil and gas sector by 40 to 45% below 2012 levels, by 2025. The remaining requirements will come into force on January 1, 2023.

A review of Canada's methane regulations for the upstream oil and gas sector was published in December of 2021. This report concluded that Canada is on track to meet its 2025 target for methane reductions from the oil and gas sector, while acknowledging that more work is needed to drive further reductions in this sector. ECCC published in March 2022 the discussion paper, Reducing methane emissions from Canada's oil and gas sector, to inform the development of new federal regulations and other measures needed to achieve at least a 75% reduction in methane emissions from the oil and gas sector from 2012 levels by 2030.

In 2021, Canada committed to achieving at least a 75% reduction in methane emissions from its oil and gas sector from 2012 levels by 2030. In March 2022, ECCC launched public consultations through a discussion paper to inform the development of more stringent regulations to achieve further methane emission reductions in the oil and gas sector. ECCC will continue to engage Indigenous organizations, industry, research organizations and civil society on regulatory options and complementary measures. ECCC plans to publish proposed regulations in the first half of 2023 and final regulations in 2024.

Electricity Generation

ECCC published the discussion paper, A clean electricity standard in support of a net-zero electricity sector, in March 2022 to inform the development of regulations to support a net-zero electricity grid by 2035. The publication also launched a collaborative process to ensure that the design of the regulations provides a clear and workable basis for provinces and territories to be able to plan and operate their grids in a way that will continue to deliver clean, reliable and affordable electricity to Canadians.

Vehicle and engine emissions and fuels

ECCC administers 6 vehicle and engine emission regulations and 9 fuel regulations under CEPA.

ECCC collaborates with the California Air Resources Board, as per their Memorandum of understanding, to promote and carry out cooperative activities on policy and regulatory measures that reduce emissions from greenhouse gases and air pollutants including from vehicles, engines, and fuels. In addition, ECCC and the U.S. Environmental Protection Agency (U.S. EPA) continue to collaborate closely through the Canada-United States Air Quality Agreement towards the development of aligned vehicle and engine emission standards, related fuel quality regulations, and their coordinated implementation, including collaborative research and testing projects.

On June 4, 2021, the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations came into force. These regulations set performance-based emissions standards for air pollutants from new stationary off-road diesel engines and mobile large spark-ignition engines. These Regulations repealed and replaced the Off-Road Compression-Ignition Engine Emission Regulations. Emission standards applicable to mobile off-road diesel engines remain unchanged although some new administrative and compliance flexibilities were introduced for certain applications.

On December 18, 2021, the Regulations Amending Certain Regulations Made Under the Canadian Environmental Protection Act, 1999 were published in the Canada Gazette, Part I. These regulatory amendments were proposed to maintain alignment with the amendments published by the U.S. Environmental Protection Agency (EPA) in June, 2021. The U.S. EPA amendments related to vehicles and engines were to improve accuracy, reduce testing burden, and make a number of housekeeping changes to their regulations. Maintaining alignment with U.S. EPA emission standards for vehicles and engines minimizes the overall regulatory burden for companies operating in the integrated Canada–U.S. market and maintains fair regulatory conditions for importers and manufacturers. Most changes made by the U.S. EPA apply automatically in Canada due to the use of incorporation by reference in the various vehicle and engine emission regulations. However, minor changes were needed for three of the Canadian regulations, including modifying definitions and regulatory text and updating some references to the U.S. regulations. The proposed changes are not anticipated to have adverse economic or environmental impacts in Canada and do not affect the stringency of emission standards.

Early consultations were launched in December 2021 on new commitments related to zero emission vehicles that were supported by the following discussion papers:

• Achieving a zero-emission future for light-duty vehicles
• Discussion paper on heavy-duty vehicles and engines in Canada: transitioning to a zero-emission future

In the March 2022 Emissions Reduction Plan, ECCC committed to develop zero-emission vehicle requirements to implement new targets of at least 20% zero-emissions vehicle (ZEV) sales by 2026, 60% ZEV sales by 2030 and 100% ZEV sales by 2035. These requirements for light duty ZEVs will be implemented through CEPA regulations. In addition, the Emissions Reduction Plan committed ECCC to develop regulations to require 100% of medium and heavy-duty vehicle sales to be ZEVs by 2040 for a subset of vehicle types based on feasibility, with interim 2030 regulated sales requirements that would vary for different vehicle categories based on feasibility, and explore interim targets for the mid-2020s.

ECCC published the Final Decision Document on the Mid-Term Evaluation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations on February 12, 2021. The Department determined that the standards for light-duty vehicles, which were aligned with the standards in the United States for up to model year 2026, were not stringent enough at the time of the release of the discussion document to meet Canada's emission reduction and climate goals and that Canada should work with the U.S. to develop more stringent standards. Since then, more stringent standards have been included in the Final Rulemaking which were published in the U.S. in December 2021. These more stringent standards automatically apply in Canada as the U.S. standards are incorporated into Canada's regulations by reference.

Regulatory administration of vehicle, engine and fuel quality regulations

ECCC administers a compliance program under the vehicle and engine regulations, as well as the fuels regulations. This includes processing of regulatory reports and importation declarations; managing notice of defects and recalls; testing of selected vehicles and engines; analyzing fuel samples; reviewing production and import records of fuel suppliers; and verifying compliance with the regulatory prohibitions and reporting requirements.

• During 2021-2022, under the vehicle and engine regulatory administration, ECCC:
  • received approximately 136 regulatory reports for vehicles and engines
  • responded to 1230 inquiries regarding the vehicles and engines regulations
  • conducted testing on 90 vehicles and engines
  • processed about 715 Canada-unique^{Footnote 4} submissions, 124 temporary importation submissions, and 74 102 importation declaration entries representing 2 268 684  vehicles and engines.
  • processed 86 notices of defect and recall notifications covering almost 334 178 vehicles and engines. ECCC continues to provide basic information summarizing notices of defect and other company notifications received.
• ECCC conducts an annual risk-based review of each fuel supplier based on the reports submitted. During 2021-2022, under the fuels regulatory administration, ECCC
  • received over 2500 reports and notices for fuels
  • responded to over 450 inquiries by email and phone, in both official languages regarding the fuels regulations
  • assessed 85 fuels suppliers and worked directly with 29 of those suppliers to address their reporting and administrative issues
  • ECCC conducted 238 analyses on 95 fuel samples in order to verify compliance with the regulations. A number of inspections were also undertaken.

During 2021-2022, the department published the Greenhouse gas emissions performance for the 2019 model year light-duty vehicle fleet and the 2018 and 2019 model year light-duty vehicle air pollutant report. These reports, compiled from the annual compliance reports submitted by automobile companies, document the overall fleet performance for all model years since the regulations were first introduced in 2010 (with the 2011 model year) for GHGs and the 2004 model year for air pollutants up to the titular model year. The Department also made available aggregated data related to 4 fuel quality regulations (Fuels Information Regulations, No. 1; Benzene in Gasoline Regulations; Sulphur in Diesel Fuel Regulations; Renewable Fuels Regulations) reported by the regulated community for the 2019 and 2020 calendar years.
More information on the Government of Canada's vehicle, engine and fuel regulations and data related to certain regulations is available online.

Regulatory administration of the volatile organic compound (petroleum sector) regulations

As of January 1, 2022, the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)require the implementation of comprehensive leak detection and repair programs at Canadian petroleum refineries, upgraders and certain petrochemical facilities to reduce fugitive emissions of VOCs from process equipment. In addition, these facilities are required to monitor and report on the concentrations of certain VOCs in the air, at the fenceline.

To ensure compliance with the regulations, ECCC developed bilingual compliance promotion materials and reporting templates for the regulated community. During 2021-2022, the Department received and addressed 61 emails and phone calls related to the regulations and sent out 3 bilingual compliance promotion packages.

Clean Fuel Regulations

ECCC worked toward the finalization of the Clean Fuel Regulations^{Footnote 5} in 2021-2022. The Regulations require gasoline and diesel primary suppliers (i.e. producers and importers) to reduce the lifecycle carbon intensity (CI) of the gasoline and diesel they produce in, and import into, Canada from 2016 CI levels by 3.5 grams of carbon dioxide equivalent per megajoule (gCO2e/MJ) in 2023, increasing to 14 gCO2e/MJ in 2030. The Regulations also establish a credit market whereby the annual lifecycle CI reduction requirement could be met via three main categories of credit-creating actions: (1) actions that reduce the CI of the fossil fuel throughout its lifecycle, (2) supplying low-CI fuels, and (3) supplying fuel and energy in advanced vehicle technologies. Parties that are not fossil fuel primary suppliers would be able to participate in the credit market as voluntary credit creators (e.g. low-CI fuel producers and importers) by completing certain actions. In addition, the Regulations repeal the Renewable Fuels Regulations (RFR) but retain the minimum volumetric requirements (at least 5% low CI fuel content in gasoline and 2% low CI fuel content in diesel fuel) currently set out in the RFR.

Consumer and commercial products emissions

 On January 5, 2022, the final Volatile Organic Compound Concentration Limits for Certain Products Regulations were published in the Canada Gazette, Part II: The regulations apply to manufacturers and importers and establish concentration limits for volatile organic compounds (VOCs) in approximately 130 product categories and subcategories. VOCs are an important contributor to the formation of ground-level ozone, a key component of smog. The objective of the regulations is to protect the environment and health of Canadians from the effects of air pollution by reducing VOC emissions.

Indoor air quality

In addition to the penetration indoors of outdoor pollutants, indoor air can be contaminated by emissions from building materials, products, and activities inside the home, and by the infiltration of naturally occurring radon from the soil under the building.

The Residential Indoor Air Quality Guidelines summarize the health risks posed by specific indoor pollutants, based on a review of the best scientific information available at the time of the assessment and propose evidence-based strategies to reduce exposure.

HC's air quality program also provided support to the Public Health Agency of Canada in developing guidance on using ventilation to reduce aerosol transmission of COVID-19 in residences and in long-term care homes.

On July 7, 2021, the final Formaldehyde Emissions from Composite Wood Products Regulations were published in the Canada Gazette, Part II. The regulations help reduce exposure of Canadians to formaldehyde emissions in indoor air from composite wood products sold, offered for sale or imported into Canada. The regulations place limits on the amount of formaldehyde that composite wood products can emit. Further to the requirements to meet emission limits, the regulations would impose requirements on industry for record keeping, labelling, and reporting. They also align Canadian requirements for composite wood products with similar requirements in the United States (U.S.), thereby minimizing the burden on businesses operating in Canada and the U.S.

3.4 Drinking water quality

Work on water quality under CEPA includes leadership on the development of guidelines for water quality. HC collaborates with the provinces and territories to establish a list of priority contaminants for developing or updating Guidelines for Canadian Drinking Water Quality (GCDWQ) and their technical documents.

Health-based guidelines are developed for drinking water contaminants that are found, or expected to be found, in drinking water supplies across Canada at levels that could lead to adverse health effects. All provinces and territories use the GCDWQ to establish regulations and policy for the quality of drinking water in their jurisdictions.

Priorities for guideline development are established every four to five years by examining exposure information from federal, provincial and territorial sources, current science, international actions, and jurisdictional needs. The process for prioritizing the development and updating of GCDWQ was updated in November 2020. The list of priority contaminants was also finalized, forming the basis for the workplan of the Federal-Provincial-Territorial Committee on Drinking Water.

New or updated GCDWQ are published in the Canada Gazette, Part I, while supporting technical documents are published on Health Canada's website. The draft GCDWQ undergo a 60-day public consultation period and the final GCDWQ are accompanied by a plain language summary to increase the public's access.

Table 17 lists the guidelines finalized in 2021-2022 and those under development.

3.5 Waste

Waste generally refers to any material, non-hazardous or hazardous, that has no further use, and is managed at recycling, processing or disposal sites or facilities. In Canada, the responsibility for managing and reducing waste is shared between the federal, provincial, territorial and municipal governments.

ECCC exercises responsibilities with respect to disposal at sea of specified materials, as well as the international and interprovincial movements of hazardous waste and hazardous recyclable material.

In addition to the activities listed below, risk management actions described in section 3.1.2.2 on toxic substances also contribute to the overall improvement of waste management.

3.5.1 Plastic pollution

Plastic that is discarded, disposed of, or abandoned in the environment outside of a managed waste stream is considered plastic pollution. Plastic pollution has been detected on shorelines, and in surface waters, sediment, soil, groundwater, indoor and outdoor air, drinking water and food.

Based on the findings and recommendations of the Science Assessment of Plastic Pollution published on October 7, 2020, the Government listed plastic manufactured items on Schedule 1 of CEPA in May 2021. The listing followed a 60-day public comment period on a draft of the listing from October to December 2020. A summary of comments received and stakeholder engagement efforts can be found in the Regulatory Impact Analysis Statement of the listing Order.

A discussion paper published by the Government in October 2020 (entitled, "A proposed integrated management approach to plastic products") presented a framework to manage risks to the environment posed by single-use plastics. The Government used this framework, drawing from the best available evidence to identify the six categories of single-use plastic items to be banned or restricted.  In December 2021, the Government published a draft of the Single-use Plastics Prohibition Regulations. These regulations would ban six categories of single-use plastic items that were found to be prevalent in the environment, harmful to wildlife, difficult to recycle, and where viable alternatives were available. The publication of the draft Regulations was followed by a 70-day comment period.

In February 2022, the Government of Canada published a Notice of Intent in the Canada Gazette, Part I and a technical issues paper on the development of proposed regulations that would set minimum recycled content requirements for certain plastic manufactured items. Comments will be considered as the proposed regulations are developed.

These efforts are part of Canada's comprehensive zero plastic waste agenda that includes a range of complementary actions across the lifecycle, to transition to a circular economy for plastics.

3.5.2 Disposal at sea

Part 7, Division 3 of CEPA imposes a general prohibition on the disposal at sea or onto sea ice of substances. Disposal at sea activities conducted under a permit from ECCC are exempt from this prohibition and permits are only available for a short list of low risk wastes. A permit is only granted after an assessment, and only if disposal at sea is the environmentally preferable and practical option.

International activities

The disposal at sea provisions of CEPA help Canada to meet its obligations as a party to the 1996 London Protocol, which is a more modern version of the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. Canada reports the number of permits, quantities and types of wastes disposed, and results of disposal site monitoring to the London Protocol Secretariat each year.

At the London Protocol meetings in 2021, Canada led a group working to help other countries select suitable sites for disposal at sea, and supported technical assistance to bring implementation within reach of more countries. Canada continues to serve as a member of the London Protocol Compliance Group, which encourages and supports compliance and ratification of the treaty. Canada is also a member of technical working groups seeking to address marine plastic pollution and to promote the re-use of materials disposed of at sea.

Disposal at sea permits

From April 1, 2021 to March 31, 2022 , 80 permits were issued in Canada for the disposal of 5.6 million tonnes of waste and other matter at sea (see Table 18), compared to 84 permits for the disposal of 8.4 million tonnes in 2020‑2021.

Both the total number of permits and quantity of waste permitted has decreased from the previous year. The total amount of dredge material dropped by more than 2.7 million tonnes and the total number of permits by 4. The COVID-19 pandemic saw many large non-essential projects postponed or downscaled, while routine dredging for navigation safety was required to continue. This is evident in that the number of permits issued is closer to the 10-year average.

The trends in the number of permits issued over the last decade is illustrated in Figure 5, with the number of permits issued remaining consistent in 2021-2022 with the previous year.

Figure 5.  Number of disposal at sea permits issued in each fiscal year by type of material

The trends in the quantity of material permitted each year is illustrated in Figure 6. The quantities permitted continue to fluctuate from year to year. From 2019 to 2020, building of infrastructure led to a high quantity permitted for both dredged material and inert, inorganic geological matter (excavated material). This fiscal year we saw a large drop in the quantity of dredged waste permitted.

Figure 6.  Annual disposal at sea quantities permitted (in millions of tonnes)

Further information on disposal at sea is available online.

3.5.3 Hazardous waste and hazardous recyclable material

With respect to managing the movement of hazardous waste and hazardous recyclable material, CEPA provides authority to:

• make regulations governing the export, import and transit of waste (including both hazardous and prescribed non-hazardous waste) and hazardous recyclable materials
• establish criteria for refusing an export, import or transit permit, should the hazardous waste or hazardous recyclable material not be managed in a manner that will protect the environment and human health
• make regulations governing movements of hazardous waste and hazardous recyclable materials between provinces and territories

On March 26, 2021, the final Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR) were published in Canada Gazette, Part II and came into force on October 31, 2021. These regulations repealed and replaced three current regulations (Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, the Interprovincial Movement of Hazardous Waste Regulations and the PCB Waste Export Regulations, 1996). These new Regulations ensure greater clarity and consistency of the regulatory requirements, while maintaining the core permitting and movement tracking requirements of the former regulations. Permits issued in 2021 were delivered under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

The implementation of the XBR enables Canada to meet its obligations under the following instruments:

• The United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)
• The Decision OECD/LEGAL/0266 of the Council of the Organisation for Economic Co-operation (OECD) Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations (OECD Decision)
• The Canada-USA Agreement on the Transboundary Movement of Hazardous Wastes (Canada-US Agreement)
• The Canada-USA Arrangement concerning the Environmentally Sound Management of Non-Hazardous Waste and Scrap Subject to Transboundary Movement

In 2021, ECCC processed 2879 notices for proposed imports, exports and transits of hazardous wastes and hazardous recyclable materials under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. From the notices received, 2674 permits were issued.

The notices received covered 44 748 waste streams, which exhibited a range of hazardous properties such as being flammable, acutely toxic, oxidizing, corrosive, dangerously reactive and environmentally hazardous.

Restrictions due to the COVID-19 pandemic impacted the compilation of data on the transboundary shipments of hazardous waste and hazardous recyclable material for both 2020 and 2021. Sufficient data for the transboundary shipments that took place in 2020 and 2021 was not available at the time of publication but will be provided in future annual reports as it becomes available.  For the most recent information, please see section 3.5.3 Hazardous waste and hazardous recyclable material in the 2020-2021 CEPA annual report.

3.6 Environmental emergencies

Part 8 of CEPA (Environmental Matters Related to Emergencies) addresses the prevention of, preparedness for, response to and recovery from uncontrolled, unplanned or accidental releases into the environment of substances that pose potential or immediate harm to the environment or danger to human life or health.

In the event of a significant pollution incident, the National Environmental Emergencies Centre (NEEC) oversees that response actions are taken by the responsible party to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency

• NEEC provides science-based expert advice 24 hours a day, 7 days a week, in collaboration with other federal, provincial and territorial governments, municipalities, and stakeholders to inform actions that reduce the consequence of environmental emergencies.
• In 2021-2022, NEEC recorded 613 notifications involving an uncontrolled, unplanned or accidental release of CEPA-regulated substances into the environment.

Figure 7. Number of notifications involving uncontrolled, unplanned or accidental release of CEPA-regulated substances

The Environmental Emergency Regulations, 2019 require any person who owns, manages, or has the control of a regulated substance at a place in Canada, at or above the established threshold, to notify ECCC when this quantity threshold is met or when the maximum container capacity meets or exceeds this threshold.

If the total quantity and container capacity thresholds are both met, there is an additional requirement to prepare and exercise an environmental emergency (E2) plan for prevention, preparedness, response and recovery in the event of an environmental emergency.

• A new electronic reporting system was introduced at the same time the Environmental Emergency Regulations, 2019 came into effect. More than 3922 facilities from different sectors, subject to the Regulations, have registered in the new application and 2658 have already informed ECCC that their E2 plan has been brought into effect.

3.7 Government operations on federal and aboriginal land

The Federal Halocarbon Regulations, 2003 reduce and prevent emissions of halocarbons to the environment from refrigeration, air conditioning, fire extinguishing and solvent systems that are located on aboriginal or federal lands or are owned by federal departments, boards and agencies, Crown corporations, or federal works and undertakings.

• In 2021-2022, 16 permits to charge fire-extinguishing systems with a halocarbon were issued under the Federal Halocarbon Regulations, 2003.

ECCC continued to work on the modification of the Federal Halocarbon Regulations, 2003. The final Federal Halocarbon Regulations, 2022^{Footnote 6}  will repeal and replace the Federal Halocarbon Regulations, 2003. The scope of the Federal Halocarbon Regulations, 2022 remains the same as the Federal Halocarbon Regulations, 2003. The final regulations will clarify definitions and requirements, reduce administrative costs for the regulated community, remove or update obsolete provisions and enhance regulatory alignment with other jurisdictions.

^a Date that the screening assessment was published in the Canada Gazette
A screening assessment looks to determine the potential harm that a substance or a group of substances can cause to human health and the environment. Screening assessments vary in complexity and may result in either a toxic conclusion (i.e. meets section 64 criteria) or a non-toxic conclusion

^b Section 64 of CEPA defines a substance as toxic “if it entering or may enter the environment in a quantity or concentration or under conditions that: (a) have or may have an immediate or long-term effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger in Canada to human life or health”

^c Date that the final screening assessment was published in the Canada Gazette

* Draft guidelines published for comments

^d Date on which the Notice was published in the Canada Gazette, Part I

^e Date on which the Final Notice or Order published in the Canada Gazette, Part I.
^f Variation to a Significant New Activity

* proposed SNAc variation
** proposed SNAc recission

Note: Dredged material and geological matter were converted to tonnes using an assumed density of 1.3 tonnes per cubic metre.